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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899 F.2d 1526·
6th Cir.·
1990-04-06
·cited 30×
The court held that the district court erred by failing to comply with statutory notice requirements for enhanced sentencing and by failing to resolve disputed facts in the presentence report, requiring a remand for resentencing.
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781 F.2d 1380·
9th Cir.·
1986-02-05
·cited 30×
The court affirmed the lower court's decision.
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774 F.2d 30·
2d Cir.·
1985-09-17
·cited 30×
The court held that the pending RICO charges are not barred by the Double Jeopardy Clause, prior plea agreements, or Rule 11 of the Federal Rules of Criminal Procedure.
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761 F.2d 226·
5th Cir.·
1985-05-28
·cited 30×
A defendant's ignorance of collateral immigration consequences of a guilty plea, or counsel's failure to advise of them, does not render the plea involuntary or constitute ineffective assistance of counsel if the defendant cannot show prejudice.
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755 F.2d 523·
7th Cir.·
1985-01-17
·cited 30×
The court affirmed the conviction and sentence, holding that the district court complied with Rule 11, properly denied the motion to withdraw the guilty plea, and correctly ordered restitution.
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730 F.2d 1218·
9th Cir.·
1984-02-02
·cited 30×
A defendant cannot challenge a federal firearms conviction based on the invalidity of a prior predicate felony conviction, even if that conviction is constitutionally infirm.
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624 F.2d 776·
7th Cir.·
1980-05-22
·cited 30×
A defendant cannot collaterally attack an underlying conviction at a probation revocation hearing, and a trial judge did not abuse discretion in revoking probation for misrepresentation of prior record, which was a condition of probation.
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607 F.2d 52·
3d Cir.·
1979-10-05
·cited 30×
The court held that the district court's dismissal of counsel, while potentially justifiable, requires specific findings and reasoning to allow for appellate review of the defendant's Sixth Amendment rights.
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539 F.2d 1233·
9th Cir.·
1976-07-20
·cited 30×
A voluntary and intelligent guilty plea waives claims of pre-indictment delay and denial of speedy trial, and the false statement in a bankruptcy petition regarding employment was material.
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515 F.2d 73·
7th Cir.·
1975-04-08
·cited 30×
A federal prisoner is entitled to relief under 28 U.S.C. § 2255 if the sentencing court failed to inform them of parole ineligibility prior to accepting their guilty plea, and additionally, incorrectly informed them of parole eligibility at sentencing, as these compound errors co
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510 F.2d 164·
6th Cir.·
1975-02-07
·cited 30×
The court held that a defendant must be informed of the mandatory parole term as a consequence of a guilty plea to ensure the plea is voluntary and understood.
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505 F.2d 649·
5th Cir.·
1974-12-19
·cited 30×
The court held that the standard for mental competence to plead guilty is the same as the standard for competence to stand trial, and the district court did not err in applying this standard.
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483 F.2d 516·
8th Cir.·
1973-08-17
·cited 30×
A defendant must be fully informed of the consequences of a guilty plea, including the nature of a special parole term, before the plea is accepted.
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465 F.2d 299·
7th Cir.·
1972-07-10
·cited 30×
A prior criminal conviction for tax evasion, even based on a guilty plea, collaterally estops the taxpayer from denying civil fraud for the same tax years. Voluntary disclosure does not preclude civil fraud penalties, and statutory limitations for refunds are not waived by the go
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445 F.2d 364·
1st Cir.·
1971-07-22
·cited 30×
A court has discretion to refuse to accept a guilty plea, even if the defendant offers to plead guilty while asserting innocence, and this discretion is not automatically abused.
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443 F.2d 1151·
5th Cir.·
1971-05-11
·cited 30×
The court held that a guilty plea, if voluntarily and understandingly made, is conclusive as to guilt and waives non-jurisdictional defects, and that claims of ineffective counsel or involuntariness due to medication are refuted by the record.
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429 F.2d 1322·
9th Cir.·
1970-07-17
·cited 30×
A judge is not required to inform a defendant of the possibility of consecutive sentences prior to accepting a guilty plea.
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424 F.2d 403·
7th Cir.·
1970-03-03
·cited 30×
A guilty plea waives non-jurisdictional defenses, and the record demonstrated the defendant understood the charge and factual basis for his plea, even without a formal Rule 11 inquiry.
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419 F.2d 1076·
10th Cir.·
1969-12-22
·cited 30×
The court held that even if the district court misstated the maximum possible sentence, this error was not sufficient to render the guilty plea involuntary or entitle the appellant to relief under 28 U.S.C. § 2255.
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236 F.2d 155·
6th Cir.·
1956-08-17
·cited 30×
A conviction cannot be based on a stipulation of criminal intent by defense counsel, and the court must ensure the defendant understands and voluntarily agrees to the facts and consequences, as required by Rule 11.
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868 F.2d 1379·
5th Cir.·
1989-02-14
·cited 29×
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709 F.2d 111·
1st Cir.·
1983-06-08
·cited 29×
Jeopardy attaches when a district court accepts a guilty plea, and the court cannot later reject the plea bargain based on information in a presentence report if it unqualifiedly accepted the plea.
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The court concurred that the prosecutor's actions, while overreaching, were not against the public interest given the circumstances and the defendant's subsequent honorable course of action.
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The court held that the officer had reasonable suspicion for an investigative stop and frisk, and that attempted burglary can qualify as a 'violent felony' for sentence enhancement under the ACCA based on the categorical approach.
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The court held that the district court did not abuse its discretion in denying pro hac vice admission due to ethical violations and that the defendant's guilty plea was valid, precluding ineffective assistance of counsel claims.
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The court held that the government's failure to disclose a material term of the plea agreement, specifically that all codefendants had to plead guilty, constituted a violation of Rule 11(e)(2) that was not harmless error, providing a fair and just reason for the defendant to with
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792 F.2d 461·
4th Cir.·
1986-06-09
·cited 28×
The prosecution did not breach the plea agreement by recommending restitution and consecutive sentences, and the district court did not err in accepting the guilty pleas despite not explicitly warning of these consequences, as they were within the scope of potential penalties.
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787 F.2d 240·
7th Cir.·
1986-03-27
·cited 28×
The court held that the district court abused its discretion by imposing restitution based on an inaccurate audit without proper findings on disputed facts, and that Mr. Mischler was sentenced under an inapplicable statute.
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A defendant cannot withdraw a guilty plea based on not being informed of the possibility of a conditional plea, as neither the court nor the government has a duty to so inform them, and the defendant suffered no prejudice.
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611 F.2d 194·
7th Cir.·
1979-12-13
·cited 28×
The court held that the district court's failure to strictly adhere to all requirements of Federal Rule of Criminal Procedure 11 at the guilty plea hearing did not require vacating the conviction, as the defendant was substantially informed of the charges and consequences, and th
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589 F.2d 192·
5th Cir.·
1979-02-06
·cited 28×
The court held that a prisoner is not entitled to relief on a motion to vacate sentence when the motion, files, and records conclusively show no entitlement to relief, and a knowing, voluntary, intelligent guilty plea waives non-jurisdictional claims.
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576 F.2d 396·
1st Cir.·
1978-05-30
·cited 28×
The court held that the defendant's guilty plea was knowing and voluntary, despite his belief that his son would receive probation, because the court clearly stated that any recommendations were not binding.
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578 F.2d 397·
D.C. Cir.·
1978-04-13
·cited 28×
A United States Magistrate has the authority to issue a search warrant while physically located outside the territorial jurisdiction of the district court to which they are appointed, provided the warrant is for execution within that jurisdiction. A trial court need not follow Ru
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551 F.2d 1124·
8th Cir.·
1977-03-30
·cited 28×
The court held that the district court's failure to fully comply with Federal Rule of Criminal Procedure 11 regarding plea agreements necessitates a remand for an evidentiary hearing to determine the plea bargain's terms and whether it was breached.
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The court held that the trial judge did not err in handling the presentence and sentencing proceedings, and that the inclusion of arrest history and the procedure for reviewing the presentence report were permissible.
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531 F.2d 78·
2d Cir.·
1976-02-18
·cited 28×
A guilty plea is not rendered involuntary or unintelligent under the Fourteenth Amendment solely because the defendant was unaware of the maximum possible sentence, if the record shows the defendant would have pleaded guilty regardless.
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529 F.2d 884·
6th Cir.·
1976-02-09
·cited 28×
The court held that cross-examination based on unreliable hearsay and suspicion, even if drawing negative answers, is prejudicial when the defense is solely entrapment. It also held that increased sentences after withdrawal of guilty pleas, based on a fuller understanding of the
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484 F.2d 849·
7th Cir.·
1973-07-20
·cited 28×
The court held that revoking probation based on a judge's summary determination of perjury, without formal proceedings, violates due process. However, the denial of other motions was affirmed.
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441 F.2d 569·
9th Cir.·
1971-04-30
·cited 28×
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430 F.2d 526·
8th Cir.·
1970-08-14
·cited 28×
The court affirmed the denial of the petition for writ of error coram nobis, finding the petitioner was competent to stand trial and enter a guilty plea in 1958.
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423 F.2d 252·
9th Cir.·
1970-02-26
·cited 28×
A guilty plea is not automatically invalidated by an undisclosed plea bargain if the plea was otherwise voluntary and made with understanding of the consequences.
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327 F.2d 27·
9th Cir.·
1964-01-27
·cited 28×
The court affirmed the dismissal of the habeas corpus petition because the appellant had not exhausted his remedies in the state courts.
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803 F.2d 1121·
11th Cir.·
1986-11-10
·cited 27×
The court held that the defendant's guilty plea was knowing, intelligent, and voluntary, and the district court did not abuse its discretion in denying the motion to withdraw the plea.
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The court held that the appellant's guilty pleas were knowing and voluntary, and that his claims of ineffective assistance of counsel were without merit. One of the sentences was vacated under the concurrent sentence doctrine.
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918 F.2d 749·
9th Cir.·
1990-06-14
·cited 26×
The court held that prior convictions for bank robbery under 18 U.S.C. § 2113(a) qualify as 'crimes of violence' for career offender sentencing, and the elements of the prior offenses, not the specific conduct, control.
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861 F.2d 434·
5th Cir.·
1988-11-25
·cited 26×
A district court's complete failure to personally address a defendant on the record regarding the nature of the charges to which they are pleading guilty violates a core concern of Fed.R.Crim.P. 11 and requires automatic reversal.
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The court held that the district court erred in denying an evidentiary hearing on the defendant's double jeopardy claim, as the record was insufficient to resolve whether the two conspiracy charges constituted a single offense.
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812 F.2d 1233·
9th Cir.·
1987-03-18
·cited 26×
The court held that the district court's failure to inform the defendant of a special parole term before accepting his guilty plea violated Federal Rule of Criminal Procedure 11, affecting his substantial rights.
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The court held that a guilty plea induced by defense counsel's misrepresentation of a prosecutor's promise to recommend a specific sentence can be vacated, even if the prosecutor made no such promise.
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A defendant's guilty plea is void if not equally voluntary and knowing, requiring an evidentiary hearing when doubt arises about comprehension due to mental retardation.