Legal Opinion

United States v. Byron Neal

Court of Appeals for the Fifth Circuit

Decided January 28, 2013No. 11-31045UnpublishedCited by 2 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge: *

Appellant Byron Neal pleaded guilty to all charges in a five-count indictment. The next day, he moved to withdraw his guilty pleas, but the district court denied his motion, and sentenced him to 360 months’ imprisonment. Neal appeals, arguing that the district court violated Rule 11 of the Federal Rules of Criminal Procedure when it accepted his pleas, that it erred in denying his motion to withdraw his pleas, and that it misapplied the statutory minimum and maximum when determining his sentence. We VACATE Neal’s convictions and REMAND for re-pleading with…

2Cases cited29 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. Puckett v. United StatesSupreme Court of the United States · 2009

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3Cited by2 opinions

  1. United States v. Kenneth BrownCourt of Appeals for the Fifth Circuit · 2014
  2. United States v. Servando Benitez-ReynosoCourt of Appeals for the Fifth Circuit · 2018

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