700 Florida cases classified under this topic, plus 130 listed through its narrower topics · sorted by citation count · browse and sort
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996 F.2d 906·
7th Cir.·
1993-06-17
The court affirmed the validity of the guilty pleas and sentences for John and Michael Wagner, but vacated Scott Sine's sentence and remanded for a specific finding on cocaine attribution, while dismissing ineffective assistance of counsel claims.
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994 F.2d 537·
8th Cir.·
1993-06-04
A guilty plea is valid if it represents a voluntary and intelligent choice among alternatives, and a defendant's claim of medication impairment or coercion is rejected if the record shows understanding and voluntary action.
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994 F.2d 1467·
10th Cir.·
1993-05-18
The court held that the defendant's conviction for possessing a listed chemical with intent to manufacture a controlled substance was not a "controlled substance offense" for career offender purposes under the Sentencing Guidelines. The court also found the district court erred i
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The court held that the district court abused its discretion by denying the defendant's motion to withdraw her guilty plea without adequately explaining why her proffered entrapment defense was insufficient.
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992 F.2d 417·
2d Cir.·
1993-04-26
The court held that the district court did not abuse its discretion in denying a motion to withdraw a guilty plea without a hearing, even though the government failed to explicitly disclose a condition that all defendants must plead guilty.
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990 F.2d 1008·
8th Cir.·
1993-03-19
The court held that while the trial court's failure to fully comply with Rule 11(e)(2) did not warrant collateral relief on its own, appellate counsel's failure to raise this Rule 11 violation on direct appeal constituted ineffective assistance of counsel.
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The court held that the district court's failure to inform the defendant of the possibility of restitution at the plea hearing constituted plain error, but was harmless to the extent of $21,000, the maximum fine previously disclosed.
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The court held that the district court did not err in denying the motion to suppress evidence and statements, as the traffic stop was valid, the defendant abandoned the contraband, and his subsequent statements were voluntary.
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986 F.2d 1462·
2d Cir.·
1993-02-18
The court granted reargument to correct a sentence exceeding the statutory maximum, vacating the erroneous sentence on Count 2.
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The court held that the defendant failed to show a "fair and just reason" for withdrawing his guilty plea, as alleged ineffectiveness of counsel was not of constitutional magnitude and not a 'but-for' cause of the plea.
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983 F.2d 625·
5th Cir.·
1993-02-02
The court held that a district court's misstatement regarding the term of supervised release constitutes harmless error if it does not materially influence the defendant's decision to plead guilty. The court also modified the sentence to conform to statutory requirements for supe
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The court held that a Rule 11 violation for failing to inform a defendant of the possibility of restitution does not automatically require vacating the plea, and the district court should have the discretion to resentence without restitution or allow withdrawal of the plea.
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980 F.2d 344·
5th Cir.·
1993-01-05
Possession of a counterfeit foreign passport is an offense under 18 U.S.C. § 1546(a) following the 1986 amendment, and a guilty plea is valid if the defendant understands the charges and consequences.
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981 F.2d 591·
1st Cir.·
1992-12-16
A defendant may not withdraw a guilty plea based on a mistaken belief that the government would ensure the sealing of proceedings, especially when the plea agreement explicitly states no other promises were made and the defendant waited seven months after learning of a leak to se
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979 F.2d 582·
7th Cir.·
1992-11-10
A knowing and voluntary guilty plea waives most prior constitutional claims, and the defendant's claims regarding self-representation were waived by his guilty plea.
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979 F.2d 517·
7th Cir.·
1992-11-06
The court held that the district court did not abuse its discretion in rejecting two plea agreements that did not adequately represent the defendant's criminal conduct.
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978 F.2d 1136·
9th Cir.·
1992-11-03
Neither the defendant nor the government is bound by a plea agreement until it is approved by the court, absent detrimental reliance by the defendant.
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976 F.2d 1180·
8th Cir.·
1992-10-09
The court should affirm the sentence imposed, as the government's agreement not to seek an upward departure was conditioned on the probation office's calculations.
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977 F.2d 866·
4th Cir.·
1992-10-07
The court held that the search warrant was validly issued, the district court did not err in attributing 67 grams of cocaine base as relevant conduct for sentencing, and the defendant was not entitled to pre-trial disclosure of sentencing guideline information.
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976 F.2d 300·
6th Cir.·
1992-09-29
A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
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976 F.2d 323·
7th Cir.·
1992-09-24
The court held that a petitioner cannot raise claims in a second or successive motion if they were not raised on direct appeal and lack cause and prejudice, nor can they relitigate issues already decided on the merits without showing the ends of justice require it.
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The court held that a defendant asserting a Sixth Amendment conflict of interest claim is entitled to an evidentiary hearing if they allege facts which, if true, would entitle them to relief, and the record does not conclusively show they are not entitled to relief.
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967 F.2d 17·
1st Cir.·
1992-06-18
The court held that a defendant may collaterally attack prior convictions during a federal sentencing proceeding, and that the district court erred in not allowing such an attack. The court also held that the defendant's reasons for withdrawing his guilty plea were not sufficient
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965 F.2d 480·
7th Cir.·
1992-06-15
The court held that the district court properly considered the defendant's prior DUI conviction for sentence enhancement, but remanded for resentencing due to lack of proper notice regarding an upward departure.
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964 F.2d 840·
8th Cir.·
1992-05-21
The court affirmed the denial of Rodriguez's motion to vacate his sentence, finding his claims to be without merit or moot.
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The court held that even if a search was illegal, evidence derived from it is admissible if sufficiently attenuated from the illegality, such as when the information merely facilitates a separate, independent investigation.
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940 F.2d 1375·
10th Cir.·
1991-08-05
The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
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The court held that stipulations admitting proposed evidence but leaving veracity determinations to the court do not require the full procedural protections of Lyons or Rule 11.
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925 F.2d 18·
1st Cir.·
1991-02-07
The court held that the district court did not err by applying a per se rule against granting a reduction for acceptance of responsibility to a defendant who entered an Alford plea.
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The court held that the initial stop was lawful based on reasonable suspicion, the subsequent questioning was a consensual encounter, and the consent to search was voluntary, thus the evidence was admissible.
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911 F.2d 419·
10th Cir.·
1990-08-17
A defendant does not have an absolute right to withdraw a guilty plea, and the trial court did not abuse its discretion in denying the request.
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840 F.2d 890·
11th Cir.·
1988-03-25
The court held that the appellant's guilty plea to an information was valid even without an express waiver of indictment, as the circumstances implied such a waiver.
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608 F.2d 294·
8th Cir.·
1979-10-18
The court held that the defendant's repeated affirmative responses sufficiently demonstrated his understanding that the court was not bound by the plea bargain, and that the district court employed adequate safeguards in accepting the guilty plea.
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603 F.2d 722·
8th Cir.·
1979-08-02
The court held that the dismissal of the post-conviction petition was proper as the claims raised were either not cognizable or lacked merit.
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570 F.2d 817·
8th Cir.·
1978-02-21
A defendant cannot collaterally impeach a guilty plea based on counsel's alleged misjudgment of evidence admissibility if counsel was reasonably competent.
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527 F.2d 439·
9th Cir.·
1975-12-04
The court held that the district court's finding that the guilty plea was voluntary and not motivated by parole eligibility was not clearly erroneous.
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519 F.2d 28·
6th Cir.·
1975-08-01
The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his nolo contendere plea and that the plea colloquy substantially complied with Rule 11.
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491 F.2d 679·
5th Cir.·
1974-03-21
The court held that the district court did not err in accepting the guilty pleas because a sufficient factual basis was established at sentencing, even if initially lacking.
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484 F.2d 1353·
8th Cir.·
1973-10-04
The court held that a prior denial of a motion to vacate sentence was not erroneous, and the termination of one concurrent sentence does not terminate others.
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471 F.2d 570·
8th Cir.·
1973-01-05
The court affirmed the judgment of conviction, holding that the defendant's contentions regarding sole surviving son classification, denial of consultation with a government appeal agent, and the local board's failure to specify reasons for denial were without merit.
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466 F.2d 520·
8th Cir.·
1972-09-20
The court held that a hearing is not required when the files and records conclusively show the prisoner is entitled to no relief.
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464 F.2d 925·
3d Cir.·
1972-07-03
The court held that the district court must hold a hearing to determine if the guilty plea was voluntary and understanding, as the record does not conclusively show the defendant is entitled to no relief due to Rule 11 non-compliance.
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456 F.2d 164·
10th Cir.·
1972-03-13
The court held that the Jenkins decision, requiring notification of parole ineligibility before a guilty plea, does not apply retroactively to pleas entered before April 2, 1969.
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455 F.2d 481·
6th Cir.·
1972-03-01
The court held that the district judge's colloquy regarding the consequences of the guilty plea was insufficient, particularly concerning the relationship between the federal and state sentences.
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456 F.2d 254·
3d Cir.·
1972-02-29
The court held that the trial court complied with Rule 11 of the Federal Rules of Criminal Procedure when accepting the appellant's guilty plea.
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451 F.2d 1209·
6th Cir.·
1971-11-24
The court held that the district judge did not err in denying the motion to vacate sentence without a hearing.
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451 F.2d 387·
10th Cir.·
1971-10-22
The court held that the trial court did not err in setting aside the defendant's guilty plea and proceeding to trial, nor did it abuse its discretion in denying motions to reduce the sentence.
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442 F.2d 1008·
10th Cir.·
1971-05-21
The court held that the files and records did not conclusively demonstrate that the petitioner's guilty plea was knowingly made, requiring an evidentiary hearing.
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441 F.2d 1377·
5th Cir.·
1971-05-07
The court held that the petitioner's guilty plea was voluntary and understood, and that the district court properly denied his petition.
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440 F.2d 671·
6th Cir.·
1971-04-16
The court affirmed the denial of the motion to vacate sentence, holding that the jurisdictional argument was moot and the guilty plea was voluntary.