United States v. Moskow, Sigmund

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented for review is the finality, and therefore the appealability, of a conditional plea of guilty entered by the appellant and accepted by the district court. The government argues, curiously, that because the court erred in accepting the guilty plea, “this case should be remanded to the District Court with instructions that the defendant be afforded an opportunity to move to withdraw his guilty plea.” Government Brief at 7. Alternatively, the government asks that we affirm the district court. We hold that because the…