Legal Opinion
United States v. Fernando Novelo Nostratis
Court of Appeals for the Ninth Circuit
Decided March 11, 2003No. 02-10296PublishedCited by 66 opinions
1Opinion of the Court
TASHIMA, Circuit Judge.
Fernando Nostratis appeals the district court’s denial of his motion to withdraw his guilty plea. He contends that his plea was not knowing and voluntary because he did not understand English well enough to comprehend the terms, conditions, and consequences of his plea agreement. He argues that his inability to comprehend his plea agreement is a fair and just reason for the court to allow him to withdraw his plea under Federal Rule of Criminal Procedure 11(d)(2)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
BACKGROUND
On October 20, 1999, a grand…
2Cases cited21 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- United States v. BarkerCourt of Appeals for the D.C. Circuit · 1975
- Ramee Jamal Shah, Aka: Eddie Harris, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- Sydney B. Kadwell v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
16 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- United States v. Alfredo Ortega-AscanioCourt of Appeals for the Ninth Circuit · 2004
- United States v. Edward Alan GarciaCourt 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. McTiernanCourt of Appeals for the Ninth Circuit · 2008
- United States v. EnsmingerCourt of Appeals for the Ninth Circuit · 2009
61 more not listed; retrieve them via the Exa API.