United States v. Newbert

ORDER ON GOVERNMENT AND DEFENDANT’S MOTIONS IN LIMINE

WOODCOCK, District Judge.

The Court concludes that the Defendant’s successful motion to withdraw his guilty plea, based on post-plea evidence of his actual innocence, does not constitute a breach of the plea agreement and, therefore, evidence of the entry of his guilty plea and his statements leading to the guilty plea are admissible in his upcoming trial only in accordance with Federal Rule of Evidence 410.

I. STATEMENT OF FACTS

On June 7, 2006, at the Rule 11 hearing, Winslow Newbert admitted that he was guilty of possession with the intent…