Legal Opinion
United States v. Juan Gabriel Ruiz
Court of Appeals for the Ninth Circuit
Decided July 23, 2001No. 99-10224PublishedCited by 82 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
We reheard this case en banc to resolve a discrepancy between our existing case law and the current version of Federal Rule of Criminal Procedure 32(e). In 1983, the rule governing a defendant’s withdrawal of a guilty plea was amended to read:
If a motion to withdraw a plea of guilty or nolo contendere is made before sentence is imposed, the court may permit the plea to be withdrawn if the defendant shows any fair and just reason. At any later time, a plea may be set aside only on direct appeal or by motion under 28 U.S.C. § 2255.
Notwithstanding this…
2Cases cited9 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Sydney B. Kadwell v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
- United States v. Hector Hernan HoyosCourt of Appeals for the Ninth Circuit · 1989
- UNITED STATES of America, Plaintiff-Appellant, v. Willie TURNIPSEED, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
4 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- State v. CroweTennessee Supreme Court · 2005
- United States v. Douglas JensenCourt of Appeals for the Ninth Circuit · 2005
- United States v. Alfredo Ortega-AscanioCourt of Appeals for the Ninth Circuit · 2004
- United States v. Ortiz-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Fernando Novelo NostratisCourt of Appeals for the Ninth Circuit · 2003
77 more not listed; retrieve them via the Exa API.