Federal Rules Of Criminal Procedure Rule 32(C)(1)

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Honorable Henry F. Werker
  535 F.2d 198· 2d Cir.· 1976-05-11 ·cited 40×
  A district court judge is prohibited by Rule 11(e) of the Federal Rules of Criminal Procedure from participating in plea discussions by communicating a specific sentence to a defendant prior to a guilty plea.
• United States v. Duhart
  496 F.2d 941· 9th Cir.· 1974-05-08 ·cited 24×
  The court held that an erroneous jury instruction on the assault count required reversal, but the conviction for rape was affirmed. The court also vacated the sentence due to the judge's inappropriate remarks during sentencing.
• Call v. United States
  265 F.2d 167· 4th Cir.· 1959-04-06 ·cited 22×
  A conviction for conspiracy to violate 18 U.S.C. § 1001 requires evidence that the defendant knew of the conspiracy to file false reports, not just that they participated in a transaction that was ultimately misrepresented.
• United States v. Gino Rosciano
  499 F.2d 173· 7th Cir.· 1974-07-18 ·cited 18×
  The court held that an en banc rehearing was improvidently ordered and withdrew the order.
• United States v. Williams
  254 F.2d 253· 3d Cir.· 1958-03-25 ·cited 18×
  The court held that the trial judge did not abuse his discretion in compelling the defendant to go to trial at the time set, nor was the sentence imposed excessive given the circumstances.
• United States v. Kemper
  908 F.2d 33· 6th Cir.· 1990-07-19 ·cited 14×
  The court held that while the district court correctly rejected the plea agreement due to an erroneous stipulation of drug quantity, it erred by not affording the defendant an opportunity to withdraw his guilty plea and by failing to make findings on acceptance of responsibility.
• United States v. Bradin
  535 F.2d 1039· 8th Cir.· 1976-05-17 ·cited 14×
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty plea, as there was a sufficient factual basis for the plea.
• United States v. Gandara
  586 F.2d 1156· 7th Cir.· 1978-11-15 ·cited 12×
  The dissenting judge believes the defendant was prejudiced by the erroneous admission of evidence relating to a prior transaction on July 5, 1977, which was not the subject of the charge.
• United States v. Montecalvo
  533 F.2d 1110· 9th Cir.· 1976-03-15 ·cited 10×
  The court held that a per se rule of reversal is not required when a judge reads a pre-sentence report before a guilty plea is entered, especially when requested by the defendant.
• Jenkins v. The United States
  555 F.2d 1188· 4th Cir.· 1977-05-31 ·cited 4×
  The court held that for purposes of the Federal Youth Corrections Act, 'conviction' refers to the time guilt is pronounced, not when sentence is imposed.
• United States v. Jackson
  978 F.2d 903· 5th Cir.· 1992-11-23 ·cited 2×
  The court held that presentence reports are not discoverable under the Jencks Act, but due process requires disclosure of exculpatory material within them after in camera review. The court also held that interstate transportation is jurisdictional for federal kidnapping charges a
• United States v. Spadoni
  435 F.2d 448· D.C. Cir.· 1970-11-05 ·cited 2×
  The court held that the trial judge did not abuse her discretion in failing to order a presentencing investigation and report when the defendant explicitly requested to be sentenced without one.
• Calland v. United States
  371 F.2d 295· 7th Cir.· 1966-12-28
  The court held that the premature examination of a presentence probation report by the judge did not violate due process because the defendant's guilt was already apparent and no prejudice was shown.