Legal Opinion

United States v. Gert Albertus Theron

Court of Appeals for the Tenth Circuit

Decided December 1, 1988No. 87-1734PublishedCited by 25 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

Gert Theron appeals the district court’s denial of his pre-sentence motion to withdraw his guilty plea. For the following reasons, we reverse.

I

Theron was indicted along with eleven co-conspirators for mail fraud and conspiracy. While both sides were preparing their cases, Theron learned that a co-defendant had pled guilty. Theron alleges that he believed the plea agreement guaranteed his co-defendant probation. As a consequence, he sought and received a similar arrangement. 1 In fact, neither agreement guaranteed probation. The prosecution agreed only to advise the…

2Cases cited11 opinions

  1. United States v. TimmreckSupreme Court of the United States · 1979
  2. United States v. Ruben Garza CoronadoCourt of Appeals for the Fifth Circuit · 1977
  3. United States v. Sam T. Iaquinta, United States of America v. Velma E. ShineCourt of Appeals for the Fourth Circuit · 1983
  4. United States v. Oscar De Le PuenteCourt of Appeals for the Third Circuit · 1985
  5. United States v. Ivar Q. BlacknerCourt of Appeals for the Tenth Circuit · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Jacobo GraibeCourt of Appeals for the Ninth Circuit · 1991
  2. United States v. Gina R. Gigot, Also Known as Gina R. HerrmannCourt of Appeals for the Tenth Circuit · 1998
  3. United States v. Mario BernalCourt of Appeals for the Fifth Circuit · 1988
  4. United States v. Louis A. FerraraCourt of Appeals for the Second Circuit · 1992
  5. United States v. Rafael Noriega-Milln, A/K/A RafiCourt of Appeals for the First Circuit · 1997

20 more not listed; retrieve them via the Exa API.

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