United States v. Tyrone Gaskins

Appellant was convicted of the felony of first degree burglary. 1 He assigns as one ground of error the District Court’s refusal to accept appellant’s tendered plea of guilty to the lesser-included offense of unlawful entry, 2 a misdemeanor, even though the prosecutor agreed to accept such a disposition, and vigorously urged the acceptance of the bargained plea upon the court. The Government, conceding merit in this claim, has moved to the District Court to accept the lesser plea. We are not bound by this concession, but after examination of the record we conclude that there was indeed error…