Tag: Pleading Guilty

Federal Postconviction

Taking a Closer Look at Plea Waivers and Subsequent Challenges to Convictions and Sentences

Let’s talk about waivers for a moment. A recent case from the Second Circuit found that after the Supreme Court ruled certain provisions of some federal gun laws were unconstitutional, any relief could not be given because the defendant had agreed in a plea deal not to file an appeal or § 2255 motion. Like thousands of prisoners when Johnson and Davis were decided, the … Continue reading Taking a Closer Look at Plea Waivers and Subsequent Challenges to Convictions and Sentences

Dale ChappellLeave a comment
Federal Postconviction

Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice

In a rare move, a federal court of appeals acknowledged that a defendant under “unusual stress” during a sentencing hearing can render the court’s advice insufficient to cure his defense attorney’s bad advice about filing an appeal. Edward Abreu pled guilty pursuant to a plea agreement to conspiracy to distribute at least 500 grams but less than 5 kilograms of cocaine. Under the terms of … Continue reading Federal Court Says ‘Unusual Stress’ of Court Proceedings Can Render Advice by Court Insufficient to Cure Attorney’s Bad Advice

Dale ChappellLeave a comment
Federal Postconviction

Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal

When Marvin Johnson maintained his innocence and refused to plead guilty to a drug-related murder in a racketeering case, this did not undercut his claim in a postconviction motion that he would have taken a favorable plea offer. That’s what the U.S. Court of Appeals for the Second Circuit said when he appealed the denial of his motion to vacate his conviction under 28 U.S.C. … Continue reading Federal Appeals Court Says Maintaining Innocence Doesn’t Kill a Claim that Person Would Have Taken a Plea Deal

Dale ChappellLeave a comment
Criminal Defense & Sentencing

Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal

Any allegation that a judge was involved in the plea negotiations is very serious. It suggests the judge may have gone outside the bounds of proper judicial conduct by making or saying inappropriate things during the plea-bargaining process. Federal Rule of Criminal Procedure 11 (Rule 11) lays out the procedural requirements for accepting guilty pleas, so let’s look into this claim further. The goal of … Continue reading Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal

Dale ChappellLeave a comment
Criminal Appeals

Judicial Vindicitveness Claim Bypasses Appeal Waiver

United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) Fourth Circuit: Claim of Judicial Vindictiveness Bypasses any Appeal Waiver The U.S. Court of Appeals for the Fourth Circuit held on August 1, 2023, that a claim of judicial vindictiveness at sentencing bypasses any appeal waiver in a plea agreement, allowing the appeal to move forward. Here’s what the … Continue reading Judicial Vindicitveness Claim Bypasses Appeal Waiver

Dale ChappellLeave a comment
News

Federal Prisoner Weekly Newsletter July 28

Here’s rundown of some favorable decisions for the week. United States v. Evans, No. 22-1195, 2023 U.S. App. LEXIS 18810 (7th Cir. July 24, 2023) Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition. He was charged with two drug distribution counts, 21 U.S.C. … Continue reading Federal Prisoner Weekly Newsletter July 28

Dale ChappellLeave a comment
Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

The Real Story About a Federal Court Declaring a Federal Firearm Statute Unconstitutional

What’s the real story about a federal judge in Mississippi declaring the federal felon in possession of a firearm statute unconstitutional? As always, there’s more to the the story than what’s being reported. Here’s the real story about United States v. Bullock, No. 3:18-CR-165-CWR-FKB, 2023 U.S. Dist. LEXIS 112397 (S.D. Miss. June 28, 2023). I’ve been hit with some questions about a recent case that … Continue reading The Real Story About a Federal Court Declaring a Federal Firearm Statute Unconstitutional

Dale ChappellLeave a comment
Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

Second Circuit Vacates Conviction Based on Insufficient Guilty Plea

Second Circuit Vacates Conviction Based on Insufficient Guilty Plea United States v. Aybar-Peguero, Nos. 21-1711(L), 21-1847(Con), 2023 U.S. App. LEXIS 17015 (2d Cir. July 6, 2023) Francis Jose Aybar-Peguero pled guilty to drug trafficking in violation of 21 U.S.C. Sections 841 and 846 and concealment money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(i). During his plea colloquy, speaking through a Spanish-English interpreter, Aybar-Peguero repeatedly … Continue reading Second Circuit Vacates Conviction Based on Insufficient Guilty Plea

Dale ChappellLeave a comment
Federal Postconviction

Attacking the Guilty Plea: Getting More Time After a Successful Guilty Plea Challenge

What happens if you win your challenge and overturn your guilty plea and then lose at trial? Can the court give you more time in prison as a penalty for successfully challenging your guilty plea? Yes, but there`s more to the story. The Supreme Court held in North Carolina v. Pearce, 395 U.S. 711 (1969), that a longer sentence as a “penalty” upon reconviction after … Continue reading Attacking the Guilty Plea: Getting More Time After a Successful Guilty Plea Challenge

Leave a comment