Tag Archives: Fed. R. Crim. P 11(c)(1)

Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds

In In re United States, No. 21-1318 (6th Cir. Apr. 26, 2022), the Sixth Circuit grants a writ of mandamus against a district court’s rejection of a plea bargain – and violation of Fed. R. Crim. P. 11 – based on the judge’s “longstanding practice” of rejecting plea agreements containing appeal waivers. During a pretrialContinue reading “Mandamus Appropriate Remedy to Correct Violation of Fed. R. Crim. P. 11 and Rejection of Plea Agreement, Sixth Circuit Holds”

Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing

It is a hard rule that a judge “must not participate in [plea] discussions,” Fed. R. Crim. P. 11(c)(1). In United States v. Harrison, No. 19-2234 (8th Cir. Sept. 10, 2020), a judge committed plain error by talking a criminal defendant out of a plea deal by assuring him – incorrectly – that he wouldContinue reading “Eighth Circuit Finds That Judge Who Opined from Bench That the Federal Criminal Justice System “Sucks” and Is “Really Harsh” Tainted Proceedings and Necessitates Resentencing”