United States v. Barber

ORDER

Albert Barber, Jr., appeals his conviction for conspiracy to distribute 50 grams or more of crack in violation of 21 U.S.C. § 841(a)(1). Mr. Barber argues that the district court abused its discretion in refusing to allow him to withdraw his guilty plea before the district court had accepted it. The government confesses error. We believe the confession of error is well-taken and therefore we reverse Mr. Barber’s conviction and remand to allow Mr. Barber to withdraw his guilty plea.

On October 20, 1999, Mr. Barber appeared in court to plead guilty to the conspiracy charge. Initially that…