Legal Opinion
United States v. Clifford A. Davis, M.D.
Court of Appeals for the Ninth Circuit
Decided June 9, 2005No. 04-50030PublishedCited by 6 opinions
1Opinion of the Court
BREYER, District Judge.
We must decide whether a district court has discretion to permit a defendant to withdraw his guilty plea prior to sentencing when the district court finds that defense counsel “grossly mischaracterized” the defendant’s possible sentence, but also finds that the mischaracterization did not actually prejudice the defendant as is required to invalidate a plea post-sentence. We answer “yes.” Because the district court did not Believe it had such discretion, we vacate and remand for reconsideration of defendant’s motion to withdraw his plea.
FACTUAL AND PROCEDURAL BACKGROUND
A…
2Cases cited14 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Hill v. LockhartSupreme Court of the United States · 1985
- Bruce Wayne Morris v. Jeanne Woodford, Acting Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2000
- Jonah Iaea v. Franklin Sunn, Director of the Department of Social Services, State of HawaiiCourt of Appeals for the Ninth Circuit · 1986
- Jose S. Chacon v. Tana WoodCourt of Appeals for the Ninth Circuit · 1994
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Clifford A. Davis, M.D.Court of Appeals for the Ninth Circuit · 2005
- United States v. BarnettDistrict Court, N.D. Iowa · 2006
- United States v. Clifford A. Davis, M.D.Court of Appeals for the Ninth Circuit · 2005
- United States v. Clifford A. Davis, M.D.Court of Appeals for the Ninth Circuit · 2005
- United States v. CobianCourt of Appeals for the Ninth Circuit · 2005
1 more not listed; retrieve them via the Exa API.