United States v. Toby C. Patterson

TASHIMA, Circuit Judge:

Toby C. Patterson was convicted of one count of manufacturing marijuana in violation of 21 U.S.C. § 841 and sentenced to 188 months’ imprisonment. In a prior opinion, we affirmed Patterson’s sentence and conviction. United States v. Patterson, 292 F.3d 615 (9th Cir.2002). We held that jeopardy did not attach when the district court accepted Patterson’s guilty plea and that the court accordingly did not err in vacating Patterson’s plea and proceeding to trial over his objection. Id. at 622-25. We subsequently held en banc, however, that the district court does not have…