United States v. Robert E. Merriweather

BAUER, Circuit Judge.

The appellant, Robert Merriweather, appeals his conviction upon guilty plea to possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1). Merriweather argues that the district court abused its discretion in refusing to allow him to withdraw his guilty plea before accepting it. The government appropriately confesses error on appeal. Accordingly, we Reverse Merriweather’s conviction and Remand for further proceedings.

Background

On October 20, 1998, a federal grand jury returned a one count indictment charging Merriweather with possession with…