Search | Punch and Jurists

U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Losses - Calculation of

U.S. v. Freeman, No. 12-4636 (4th Cir.) (741 F.3d 426) (January 17, 2014) (Judge Stephanie Dawn Thacker) by In 2010, Robert Freeman, who was also known as “Dr. Shine,” was indicted and charged with two counts of obstruction of an official proceeding, two counts of making false statements in a …

U.S. v. Leslie, No. 10-2994-cr (2nd Cir.) (658 F.3d 140) (October 3, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Losses - Calculation of

U.S. v. Leslie, No. 10-2994-cr (2nd Cir.) (658 F.3d 140) (October 3, 2011) (Per Curiam) by In an appeal from a judgment of the district court sentencing defendant to 51-months in prison for conspiring to commit bank fraud, judgment is affirmed where defendant was responsible for actual losses incurred during …

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Carreto, No. 06-2295-cr(L) (2nd Cir.) (583 F.3d 152) (October 8, 2009) (Judge Denny Chin) by Defendants' sex trafficking convictions and sentences are affirmed where: 1) defendants did not assert their legal innocence in moving to withdraw their guilty pleas; 2) the government would have been prejudiced by the …

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Doe, No. 06-4124-cr (2nd Cir.) (537 F.3d 204) (August 13, 2008) (Judge Denise Cote) by Conviction for being a felon in possession of a firearm is affirmed where the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without conducting an evidentiary …

U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hamilton, No. 06-2933-cr (2nd Cir.) (538 F.3d 162) (August 15, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute and possess with intent to distribute marijuana is remanded for further proceedings where defendant's motion to suppress evidence seized from a house, in which he claimed a …

U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin)

Article • April 1, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Withdrawal

U.S. v. Torres-Rosario, No. 05-1202 (1st Cir.) (447 F.3d 61) (May 8, 2006) (Judge Michael Boudin) by The defendant in this drug case raised an interesting argument in support of his contention that the district court had erred in not allowing him to withdraw his guilty plea: he argued that …

U.S. v. Adams, No. 04-30339 (9th Cir.) (432 F.3d 1092) (January 3, 2006) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Adams, No. 04-30339 (9th Cir.) (432 F.3d 1092) (January 3, 2006) (Judge Arthur L. Alarcon) by

U.S. v. Johnson, No. 8:03CR463 (D.Neb.) (381 F.Supp.2d 1081) (July 28, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Fraud On the Court

U.S. v. Johnson, No. 8:03CR463 (D.Neb.) (381 F.Supp.2d 1081) (July 28, 2005) (Judge Richard G. Kopf) by The defendant, Donna Johnson, a social service worker for the Nebraska Health and Human Services agency, pled guilty, pursuant to a Type C plea agreement (Fed.R.Crim.P 11(c)(1)(C)), to certain charges arising out of …

U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 03-3557 (7th Cir.) (383 F.3d 615) (September 8, 2004) (Judge William J. Bauer) by Defendant challenged a decision of the United States District Court for the Northern District of Illinois, Eastern Division, which denied his motion to withdraw his plea of guilty to knowingly aiding and …

U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker) by Here the Court clarified the standards for permitting a withdrawal of a plea agreement, holding the the "fair and just reason" rule that governs withdrawal of a plea may be used …

U.S. v. Bradley, No. 03-3909 (7th Cir.) (381 F.3d 641) (August 25, 2004) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Mutual Mistake of Fact/Law

U.S. v. Bradley, No. 03-3909 (7th Cir.) (381 F.3d 641) (August 25, 2004) (Judge Kenneth F. Ripple) by Here the Court held that a mutual mistake of fact as to an essential element of one of the offenses covered by the plea agreement invalidated the entire agreement and entitled the …

Waucaush v. U.S., No. 03-1072 (6th Cir.) (380 F.3d 251) (August 26, 2004) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Mutual Mistake of Fact/Law

Waucaush v. U.S., No. 03-1072 (6th Cir.) (380 F.3d 251) (August 26, 2004) (Judge R. Guy Jr. Cole) by Waucaush v. U.S., 380 F.3d 251 (6th Cir. 2004) (Judge Cole) U.S. v. Bradley, 381 F.3d 641 (7th Cir. 2004) (Judge Ripple) U.S. v. Howard, 381 F.3d 873 (9th Cir. 2004) …

U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter)

Article • May 1, 2004 • from P&J February, 2006

Filed under: Punch And Jurists, Withdrawal

U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter) by The respondent in this case, Carlos Dominguez Benitez, pled guilty to conspiracy to distribute methamphetamine, as a result of which he faced a mandatory minimum sentence of ten years. The …

U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Romero, No. 03-4266 (10th Cir.) (360 F.3d 1248) (March 9, 2004) (Judge Stephanie K. Seymour) by It is well known that, today, more than 95% of defendants in the Federal system plead guilty. They do so in part because they know that if they go to trial and …

U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Singh, No. Crim. No. 01-199 (RBW) (D.D.C.) (305 F.Supp.2d 109) (February 24, 2004) (Judge Reggie B. Walton) by In this decision, Judge Walton may have given some new life to an old and somewhat dormant issue: namely, whether an alien who pleads guilty to an aggravated felony is …

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 942) (April 3, 2003) (Judge William T. Hart) by This case is noted for its detailed analysis of the scope and impact of various Amendments to the Fed.R.Crim.P. enacted in 2002 relating to both the acceptance and the withdrawal of …

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Loutos, No. 01 CR 852-3 (N.D.Ill.) (284 F.Supp.2d 994) (July 2, 2003) (Judge William T. Hart) by Here the Court held that the defendant was entitled to a two-level sentence reduction for acceptance of responsibility, even though he attempted to withdraw his plea before sentencing, because the court …

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist)

Article • October 10, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Hyde, No. 96-667 (U.S. Supreme Court) (520 U.S. 670; 117 S.Ct. 1630) (May 27, 1997) (Justice Rehnquist) by In this case, on the morning of trial, a plea bargain was reached between Hyde and the Government, under which he pled guilty to several counts and several others were …

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes) by We found this to be a surprising decision - and a classic example of the proverb “beware what you wish for.” Here, the defendant, John Palladino, won a “victory” by convincing the …

U.S. v. Head, No. 03-1416 (8th Cir.) (340 F.3d 628) (August 21, 2003) (Judge Gerald W. Heaney)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Withdrawal

U.S. v. Head, No. 03-1416 (8th Cir.) (340 F.3d 628) (August 21, 2003) (Judge Gerald W. Heaney) by This decision is noted for its discussion of new Rule 11(d) of the Fed.R.Crim.P., which now gives defendants “an absolute right” to withdraw their pleas “for any reason or for no reason” …