Honken v. United States

"... ... William P. Barr, Attorney General, et al., Appellants No. 19-5322 United States Court of Appeals, District of Columbia Circuit. Argued January 15, 2020 Decided April 7, ... dates for the four plaintiffs involved in this appeal: Daniel Lee, Wesley Purkey, Dustin Honken, and Bourgeois. Each of them moved for a preliminary injunction. Collectively, they claimed that ... "

"... ... at 864)). Accordingly, Defendant's conviction under Count 1 of the Indictment shall be vacated without prejudice at time of sentencing and Defendant shall be sentenced based solely on the remaining counts of conviction. See Honken v. United States, 42 F. Supp. 3d 937, 1038 (N.D. Iowa 2013) (vacating multiplicitous convictions without prejudice because such convictions "are subject to being reinstated ... by the Eighth Circuit Court of Appeals or the Supreme Court in any subsequent appeal" (citing United States v ... "

"... ... Oklahoma, 455 U.S. 104, 115, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982). “Before deciding what mitigating evidence, if any, should be presented to the jury during a capital penalty phase, counsel has a duty to conduct a thorough investigation into a defendant's background.” Honken v. U.S., 42 F.Supp.3d 937, 1089 (N.D.Iowa 2013) (citing Porter v. McCollum, 558 U.S. 30, 39, 130 S.Ct. 447, 175 L.Ed.2d 398 (2009) ). In Honken, the Court noted: As a general matter, there is a strong presumption that counsel made all significant decisions while exercising reasonable ... "

"... ... For example, Fard acknowledged that providing false ... information in his proposals for the SBIR contracts was a ... federal offense. (Crim. Doc. ## 106-24, 106-44) ... Additionally, the government's witnesses provided largely ... consistent testimony. See Honken v. United States , ... 42 F.Supp.3d 937, 172 (N.D. Iowa 2013) (finding that ... testimony was not false when witnesses' testimony was ... “extraordinarily consistent”). Because Fard has ... not proven that the testimony was false, he cannot show ... prejudice ... "

"... ... For example, Fard acknowledged that providing false ... information in his proposals for the SBIR contracts was a ... federal offense. (Crim. Doc. ## 106-24, 106-44) ... Additionally, the government's witnesses provided largely ... consistent testimony. See Honken v. United States , ... 42 F.Supp.3d 937, 172 (N.D. Iowa 2013) (finding that ... testimony was not false when witnesses' testimony was ... “extraordinarily consistent”). Because Fard has ... not proven that the testimony was false, he cannot show ... prejudice ... "

"... ... William P. Barr, Attorney General, et al., Appellants No. 19-5322 United States Court of Appeals, District of Columbia Circuit. Argued January 15, 2020 Decided April 7, ... dates for the four plaintiffs involved in this appeal: Daniel Lee, Wesley Purkey, Dustin Honken, and Bourgeois. Each of them moved for a preliminary injunction. Collectively, they claimed that ... "

"... ... at 864)). Accordingly, Defendant's conviction under Count 1 of the Indictment shall be vacated without prejudice at time of sentencing and Defendant shall be sentenced based solely on the remaining counts of conviction. See Honken v. United States, 42 F. Supp. 3d 937, 1038 (N.D. Iowa 2013) (vacating multiplicitous convictions without prejudice because such convictions "are subject to being reinstated ... by the Eighth Circuit Court of Appeals or the Supreme Court in any subsequent appeal" (citing United States v ... "

"... ... Oklahoma, 455 U.S. 104, 115, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982). “Before deciding what mitigating evidence, if any, should be presented to the jury during a capital penalty phase, counsel has a duty to conduct a thorough investigation into a defendant's background.” Honken v. U.S., 42 F.Supp.3d 937, 1089 (N.D.Iowa 2013) (citing Porter v. McCollum, 558 U.S. 30, 39, 130 S.Ct. 447, 175 L.Ed.2d 398 (2009) ). In Honken, the Court noted: As a general matter, there is a strong presumption that counsel made all significant decisions while exercising reasonable ... "

"... ... For example, Fard acknowledged that providing false ... information in his proposals for the SBIR contracts was a ... federal offense. (Crim. Doc. ## 106-24, 106-44) ... Additionally, the government's witnesses provided largely ... consistent testimony. See Honken v. United States , ... 42 F.Supp.3d 937, 172 (N.D. Iowa 2013) (finding that ... testimony was not false when witnesses' testimony was ... “extraordinarily consistent”). Because Fard has ... not proven that the testimony was false, he cannot show ... prejudice ... "

"... ... For example, Fard acknowledged that providing false ... information in his proposals for the SBIR contracts was a ... federal offense. (Crim. Doc. ## 106-24, 106-44) ... Additionally, the government's witnesses provided largely ... consistent testimony. See Honken v. United States , ... 42 F.Supp.3d 937, 172 (N.D. Iowa 2013) (finding that ... testimony was not false when witnesses' testimony was ... “extraordinarily consistent”). Because Fard has ... not proven that the testimony was false, he cannot show ... prejudice ... "