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· 4/2/2001

United States v. John G. Juncal, Ramasamy Egambaram, Harvey L. Schilowitz, Danny Kemp, Raymond H. Lancaster

Citations

  • 245 F.3d 166
  • 2001 U.S. App. LEXIS 5545
  • 2001 WL 314615

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that district court had a sufficient factual basis for a guilty plea because evidence of defendant’s “conscious avoidance” of knowledge that his acts were illegal “would suffice to provide the knowledge element” under mail fraud statute if the case had gone to trial
  • noting that there is a “strong presumption of accuracy” that attaches to a defendant’s sworn statements, made in open court
  • clarifying that “self-serving” and “contradictory” statements do not defeat the “strong presumption” of veracity accorded to a defendant’s admission of guilt under oath
  • explaining that testimony at a plea allocution “carries such a strong presumption of accuracy that a district court does not, absent a substantial reason to find otherwise, abuse its discretion in discrediting later self-serving and contradictory testimony”
  • ‘‘defense counsel’s blunt rendering of an honest but negative assessment of [a defendant’s] chances at trial, combined with advice to enter the plea, [does not] constitute . . . coercion’’
  • attorney’s “blunt rendering of an honest but negative assessment of [Petitioner’s] chances at trial, combined with advice to enter the plea,” does not “constitute improper behavior or coercion that would suffice to invalidate a plea”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Pooler, Winter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.