Legal Opinion

United States v. Hairston

Court of Appeals for the Fourth Circuit

Decided April 3, 2008No. 05-5178PublishedCited by 26 opinions

1Opinion of the Court

OPINION

TRAXLER, Circuit Judge:

Jessie Ben Hairston pleaded guilty to multiple charges involving the distribution of drugs and unlawful possession of firearms. There is no real dispute that a Rule 11 error occurred during the plea colloquy. See Fed.R.Crim.P. 11. Although the error involved only some of the counts to which Hairston pleaded guilty, we conclude that the proper remedy is to vacate Hairston’s guilty pleas and convictions as to all charges and permit him to plead anew.

I

Hairston was indicted on thirty-one counts of various drugs and firearms charges — one count of conspiracy to make a…

2Cases cited17 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. Dominguez BenitezSupreme Court of the United States · 2004
  3. United States v. VonnSupreme Court of the United States · 2002
  4. United States v. Juan Martinez, A/K/A Jesus Garcia, A/K/A Roberto GonzalezCourt of Appeals for the Fourth Circuit · 2002
  5. United States v. Ronald L. TunningCourt of Appeals for the Sixth Circuit · 1995

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3Cited by26 opinions

  1. United States v. MassenburgCourt of Appeals for the Fourth Circuit · 2009
  2. United States v. Jesmene LockhartCourt of Appeals for the Fourth Circuit · 2020
  3. United States v. Gerson Aplicano-OyuelaCourt of Appeals for the Fourth Circuit · 2015
  4. Copeland v. CommonwealthCourt of Appeals of Virginia · 2008
  5. United States v. Ishmael SantiagoCourt of Appeals for the Fourth Circuit · 2015

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

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