Legal Opinion
United States of America, Appellee-Cross-Appellant v. Jose Gonzalez, Defendant-Appellant-Cross-Appellee
Court of Appeals for the Second Circuit
Decided July 24, 1992No. 1286, 2175, Dockets 91-1690, 92-1014PublishedCited by 163 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This appeal presents the question of when a court should conduct an evidentiary hearing into allegations underlying a defendant’s presentence application to withdraw his plea of guilty. It also presents the question of whether a district court, in the absence of a Government motion pursuant to section 5K1.1 of the Sentencing Guidelines, can depart from a defendant’s applicable guideline range on the grounds that the defendant’s cooperation with the Government provided evidence of his contrition. These issues arise on an appeal by José Gonzalez and a cross-appeal…
2Cases cited24 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Wade v. United StatesSupreme Court of the United States · 1992
- United States v. Howard E. SaftCourt of Appeals for the Second Circuit · 1977
- United States v. Domingo RexachCourt of Appeals for the Second Circuit · 1990
- United States v. Robert HuertaCourt of Appeals for the Second Circuit · 1989
19 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- United States v. Robert Maher, AKA "Bob M.", Peter Mancusi, Andrew GiordanoCourt of Appeals for the Second Circuit · 1997
- United States v. Carmine AvellinoCourt of Appeals for the Second Circuit · 1998
- United States v. Ivania Maria Couto, Also Known as Sealed Dft 35Court of Appeals for the Second Circuit · 2002
- United States v. Parrilla TiradoCourt of Appeals for the First Circuit · 1994
- United States v. TorresCourt of Appeals for the Second Circuit · 1997
158 more not listed; retrieve them via the Exa API.