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U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam)
Article • January 1, 2019 • from P&J February, 2019
Filed under: Punch And Jurists, Mutuality
U.S. v. Miles, No. `8-1172 (10th Cir.) (902 F.3d 1159) (August 29, 2028) (Per Curiam) by Here the Court held joined with most of the other Circuits in holding that a plea waiver provision in a plea agreement is not rendered unconscionable as contrary to public policy where it limited …
U.S. v. Zuk, No. 16-4727 (4th Cir.) (874 F.3d 398) (October 24, 2017) (Judge Paul V. Niemeyer)
Article • January 15, 2018 • from P&J January, 2018
Filed under: Punch And Jurists, Reciprocal Obligations for the Government
U.S. v. Zuk, No. 16-4727 (4th Cir.) (874 F.3d 398) (October 24, 2017) (Judge Paul V. Niemeyer) by Here the Court addressed an interesting question about appellate waivers in plea agreements, namely whether the Government should be imlicitely barred from filing an appeal when the defendant has agreed to waive …
U.S. v. Medina-Carrasco, No. 13-10397 (9th Cir.) (815 F.3d 457) (March 2, 2016) (Judge Susan P. Graber)
Article • June 13, 2016 • from P&J June, 2016
Filed under: Punch And Jurists, Knowingly and Intelligently
U.S. v. Medina-Carrasco, No. 13-10397 (9th Cir.) (815 F.3d 457) (March 2, 2016) (Judge Susan P. Graber) by This is a fascinating decision about the validity of waivers of appellate rights generally; but it is particularly noted for the provocative dissent of visiting District Judge Paul Friedman of the D.D.C., …
U.S. v. Torres-Perez, No. 14-10154 (5th Cir.) (777 F.3d 764) (January 29, 2015) (Judge James E. Jr. Graves)
Article • May 4, 2015 • from P&J May, 2015
Filed under: Punch And Jurists, Guideline Amendment 775
U.S. v. Torres-Perez, No. 14-10154 (5th Cir.) (777 F.3d 764) (January 29, 2015) (Judge James E. Jr. Graves) by The Sentencing Guidelines provide that when a defendant “clearly demonstrates acceptance of responsibility for his offense,” his base offense level should be decreased by 2 levels. (U.S.S.G. § 3E1.1(a)). The Guidelines …
U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart)
Article • October 20, 2014 • from P&J October, 2014
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Keele, No. 12-10551 (5th Cir.) (755 F.3d 752) (June 2, 2014) (Judge Carl E. Stewart) by The issue before the Court in this case was whether a general appeal waiver provision bars a challenge to a restitution order; and, in addressing that question, the Court noted that it …
U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes)
Article • December 1, 2011
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Buissereth, No. 09-5358-cr (2nd Cir.) (638 F.3d 114) (March 15, 2011) (Judge Jose A. Cabranes) by [Editor's Note: For a commentary on this decision, see "Thoroughly Unappealing," by Steve Statsinger, as posted on the Second Circuit Blog on March 20, 2011 at http://circuit2.blogspot.com/2011/03/thoroughly-unappealing.html as follows: This decision found …
U.S. v. Arevalo, No. 09-0576-cr (2nd Cir.) (628 F.3d 93) (December 21, 2010) (Judge Chester J. Straub)
Article • December 1, 2010
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Arevalo, No. 09-0576-cr (2nd Cir.) (628 F.3d 93) (December 21, 2010) (Judge Chester J. Straub) by Defendant's appeal from his convictions for conspiracy to commit murder in aid of racketeering, and of using a firearm during a crime of violence, is dismissed where defendant's claim of Federal Rule …
U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs)
Article • August 1, 2010
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Woltmann, No. 10-413 (2nd Cir.) (610 F.3d 37) (July 6, 2010) (Judge Dennis G. Jacobs) by In a tax fraud prosecution, the government's motion to dismiss defendant's appeal from his sentence is denied, and the sentence is vacated, where the appeal waiver provision of defendant's plea agreement was …
U.S. v. Goodson, No. 06-4895 (3rd Cir.) (544 F.3d 529) (October 16, 2008) (Judge D. Brooks Smith)
Article • November 1, 2008 • from P&J November, 2008
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Goodson, No. 06-4895 (3rd Cir.) (544 F.3d 529) (October 16, 2008) (Judge D. Brooks Smith) by In this lengthy decision, the Court addressed a series of issues relating to the enforceability of appeal waiver provisions and held, in part, that a broad appeal waiver provision precludes subsequent challenges …
U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam)
Article • August 1, 2008 • from P&J August, 2008
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Medina-Beltran, No. 06-10181 (9th Cir.) (542 F.3d 729) (September 5, 2008) (Per Curiam) by With scant analysis and even less factual background, a panel from the Ninth Circuit has held that the Government can properly decline to move for an additional one-level acceptance of responsibility sentence reduction under …
U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes)
Article • May 1, 2008 • from P&J May, 2008
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Lee, No. 06-4933-cr (2nd Cir.) (523 F.3d 104) (April 17, 2008) (Judge Jose A. Cabranes) by In a prosecution for drug-related offenses wherein defendant entered a plea agreement, appeal of sentence is dismissed where the appeal waiver set forth in defendant's plea agreement was valid and enforceable. [Editor's …
U.S. v. Castillo, No. 05-30401 (9th Cir.) (496 F.3d 947) (July 25, 2007) (Judge Jay S. Bybee)
Article • June 1, 2007 • from P&J June, 2007
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Castillo, No. 05-30401 (9th Cir.) (496 F.3d 947) (July 25, 2007) (Judge Jay S. Bybee) by In a prior ruling reported at U.S. v. Jacobo Castillo, 464 F.3d 988 (9th Cir. June 7, 2006), a panel from the Ninth Circuit held that where defendant unconditionally pleads guilty to …
Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson)
Article • August 1, 2006 • from P&J August, 2006
Filed under: Punch And Jurists, Waiver of Appeal Rights
Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson) by In a case that goes to the heart of the role the death penalty should play in a civilized society, a divided panel from the Ninth Circuit granted habeas relief to a …
U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster) by
U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore)
Article • March 1, 2005 • from P&J March, 2005
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore) by Two appellants challenged the decision entered by the United States District Court for the Western District of Michigan that convicted appellants of conspiracy, theft of U.S. mail, and bank fraud. Appellant one …
U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould)
Article • March 1, 2005 • from P&J February, 2005
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould) by Defendant appealed the judgment of the United States District Court for the District of Oregon denying his motion to withdraw his guilty plea to two counts of drug trafficking. Defendant pleaded guilty …
U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam)
Article • January 1, 2005 • from P&J January, 2005
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam) by
U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam) by Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to two consecutive sentences totaling 168 months in prison after he pleaded guilty to conspiring to …
U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon)
Article • December 1, 2004 • from P&J December, 2004
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon) by Defendant, who pled guilty to the indictment charging him with violation of 18 U.S.C. § 922(g)(1), possession of firearms and ammunition by a felon, was before the court for sentencing. The …
U.S. v. Hahn, No. 01-2301 (10th Cir.) (359 F.3d 1315) (March 4, 2004) (Per Curiam)
Article • March 1, 2004 • from P&J March, 2004
Filed under: Punch And Jurists, Waiver of Appeal Rights
U.S. v. Hahn, No. 01-2301 (10th Cir.) (359 F.3d 1315) (March 4, 2004) (Per Curiam) by Here the en banc court upheld the validity of appeal waiver provisions in general, and rejected the defendant's claim that such waivers can never be knowing and voluntary; but the Court did establish a …
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