Criminal Law

De La Garza: No Plain Error in Gov't Violation of Plea Agreement
In U.S. v. De La Garza, No. 06-13396 (Feb. 15, 2008), the Court affirmed the conviction of a defendant who pled guilty to conspiracy to possess more than five kilos of cocaine with intent to distribute, in violation of the Marine Drug Law Enforcement Act ("MDLEA")...

Supreme Court rules for state on plea agreement case
[JURIST] The US Supreme Court ruled 7-2 Wednesday in Puckett v. United States that a defendant's claim that the prosecution breached a plea agreement must be raised at trial in order to be reviewable on appeal, according to the plain-error standard under the Federal Rules of Criminal Procedure...

Plain Error Applied Despite Gov't Failure to Allege Defendant Failed to Preserve Error
U.S. v. Dunham, 07-5011 (4/7/08) (unpub'd) - The 10th can apply the plain error standard, even if the government doesn't point out the defendant's failure to object below. The institutional interests of the judiciary require that application, unlike where a party can waive some time limits...

Supreme Court hears plea agreement, RICO cases
[JURIST] The US Supreme Court heard oral arguments Wednesday in two cases. In Puckett v. United States, the Court heard arguments on whether a defendant's claim, not raised at trial, that the prosecution breached a plea agreement is reviewable on appeal according to the plain-error standard under the Federal Rules of Criminal Procedure...

Court Correctly Holds Defendant Has Absolute Right to Withdraw Guilty Plea Before It's Accepted, But Did It Apply Wrong Standard of Review
United States v. Arami, No. 07-50536 (5th Cir. July 21, 2008) (Prado, Elrod, Haynes)This appeal concerns Federal Rule of Criminal Procedure 11(b)(1), which permits a defendant to "withdraw a plea of guilty ...

CA1: drug conspiracy colloquy fun
US v. Pimentel, No. 07-1512 (8/21/08)holds on plain error review that a plea colloquy was okay. At the change of plea hearing, ?The district court d8etermined that Pimentel's claims of exculpatory evidence lacked credibility because he had previously admitted to...

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