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U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson)

Article • March 1, 2009 • from P&J March, 2009

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (554 F.3d 958) (March 2, 2009) (Judge Charles R. Wilson) by In this sentence appeal, the defendant argued that the Government had refused to file a motion to reduce his sentence pursuant to U.S. Sentencing Guideline § 5K1.1 to punish him for exercising …

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson)

Article • January 1, 2008 • from P&J January, 2008

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson) by Here the Court held that the government’s alleged refusal to file a once-promised § 5K1.1 motion for reduction of sentence because the defendant elected to go to trial instead of pleading guilty …

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Dorsey, No. 06-16698 (11th Cir.) (497 F.3d 1221) (August 31, 2007) (Judge Charles R. Wilson) by Here, joining with similar rulings from the Third and Ninth Circuits, the Eleventh Circuit held that, when the Government refuses to file a motion for a downward departure under U.S.S.G. § 5K1.1 …

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Floyd, No. 05-1641 (3rd Cir.) (428 F.3d 513) (November 9, 2005) (Judge Dolores K. Sloviter) by This is a rare decision in which a Circuit Court vacated a sentence on the grounds that the Government had acted in bad faith by refusing to recommend a downward departure based …

U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Wilson, No. 03-2170 (7th Cir.) (390 F.3d 1003) (December 2, 2004) (Judge Ann Claire Williams) by We have an early winner of our annual Chutzpah of the Year Award. This year’s winner is Assistant U.S. Attorney James Porter from the S.D.Ill.. His shameless bullying and irrational petulance deserve …

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken)

Article • October 1, 2004 • from P&J October, 2004

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken) by Here the Court reversed the district court's ruling that the defendant was entitled to a departure for substantial assistance because the Government had acted in bad faith in refusing to file the …

U.S. v. Awad, No. 01-50408 (9th Cir.) (371 F.3d 583) (June 9, 2004) (Judge Cynthia Holcomb Hall)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Cooperation Not Complete

U.S. v. Awad, No. 01-50408 (9th Cir.) (371 F.3d 583) (June 9, 2004) (Judge Cynthia Holcomb Hall) by The defendant in this case, Issam Awad, pled guilty to one count of illegally possessing pseudoephedrine in violation of 21 U.S.C. § 841(d)(2). While the plea agreement did not obligate the Government …

Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter)

Article • December 17, 2002

Filed under: Punch And Jurists, Refusal to file motion

Wade v. U.S., No. 91-5771 (U.S. Supreme Court) (504 U.S. 181; 112 S.Ct. 1840) (May 18, 1992) (Justice Souter) by Case limited review of decisions not to file a motion under USSG § 5K1 to instances where there is some unconstitutional motive or where the decision is not "rationally related …

U.S. v. Quach, No. 01-10532 (9th Cir.) (302 F.3d 1096) (July 12, 2002) (Judge Richard A. Paez)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Cooperation Not Complete

U.S. v. Quach, No. 01-10532 (9th Cir.) (302 F.3d 1096) (July 12, 2002) (Judge Richard A. Paez) by In this case the Court considered the appeal of a defendant who had pled guilty to misprision of felony pursuant to a written agreement with the government. According to the terms of …

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer) by The defendant in this case was originally convicted in 1993 and sentenced to 240 months imprisonment for engaging in a continuing criminal enterprise and tax evasion. Some four years later, he filed a …

U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown)

Article • July 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Korman, No. 00-5023 (10th Cir.) (251 F.3d 893) (May 25, 2001) (Judge Wesley E. Brown) by

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas)

Article • December 23, 1999

Filed under: Punch And Jurists, Refusal to file motion

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas) by In this case, the United States Supreme Court addressed whether a Government motion verifying the defendant’s substantial assistance in a criminal investigation and requesting that the district court depart below …

U.S. v. Vergara, No. 90 CR. 44 (CSH) (S.D.N.Y.) (62 F.Supp.2d 1108) (August 5, 1999) (Judge Charles S. Jr. Haight)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Vergara, No. 90 CR. 44 (CSH) (S.D.N.Y.) (62 F.Supp.2d 1108) (August 5, 1999) (Judge Charles S. Jr. Haight) by Here the Court held that the Government could not argue that it was entitled to use the defense of good faith breach by the defendant to support its refusal …

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Vernon, No. 98-2548 (8th Cir.) (187 F.3d 884) (August 25, 1999) (Judge Donald P. Lay) by The Court stated: "Ordinarily, the government must move for a downward departure for substantial assistance before the district court can depart on that basis. See United States v. Stockdall, 45 F.3d 1257, …

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Alegria, No. 98-1976 (1st Cir.) (192 F.3d 179) (September 30, 1999) (Judge Bruce M. Selya) by As this case shows, the courts continue to struggle over the issue of whether they have the authority to intercede when the Government refuses to file a motion for a sentence reduction …

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland) by Here Judge Kent bemaoned the Government's practice of inducing defendants to provide the Government with substantial assistance in cases where the Government knows that it does not …

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Huang, No. 98-5393 (3rd Cir.) (178 F.3d 184) (May 24, 1999) (Judge Max Rosenn) by Here the Court held that a plea agreement is not completely like a civil contract, even though contract law is useful in its interpretation, and that a district court must look to the …

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland) by Almost from the beginning, the provisions of U.S.S.G. § 5K1.1 have spawned enormous controversy. That section permits a sentencing court to impose a sentence below the sentencing …

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Mikaelian, No. 97-50174 (9th Cir.) (168 F.3d 380) (February 17, 1999) (Judge Robert Boochever) by In its ruling the Court relied on its previous holding in U.S. v. Murphy, 65 F.3d 758, 762 (9th Cir. 1995) that "the government cannot refuse to file such a motion on the …

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Anzalone, No. 97-2932 (8th Cir.) (148 F.3d 940) (June 30, 1998) (Judge James B. Loken) by This is another case involving the Government's misuse of its power under U.S.S.G. § 5K1.1; and it shows the growing concern of the courts that the Government frequently seeks to use that …