Legal Opinion · Dissent

United States v. William Peppers

Court of Appeals for the Sixth Circuit

Decided September 9, 2010No. 08-6323Unpublished

1DissentKaren Nelson Moore, Circuit Judge

Federal Rule of Criminal Procedure 11 permits a defendant to withdraw a guilty plea prior to sentencing provided that the defendant has presented a “fair and just reason” for doing so. Because I believe that William Peppers has established such a reason, and that the district court abused its discretion in concluding otherwise, I must dissent.

This court reviews a district court’s denial of a motion to withdraw a guilty plea for an abuse of discretion. United States v. Dixon, 479 F.3d 431, 436 (6th Cir.2007). We have held that a district court abuses its discretion in denying a defendant the…

2Cases cited15 opinions

  1. United States v. Bernard Jerry, and Edgar SaundersCourt of Appeals for the Third Circuit · 1973
  2. United States v. Alan Louis BasharaCourt of Appeals for the Sixth Circuit · 1994
  3. United States v. Clarence D. SchreaneCourt of Appeals for the Sixth Circuit · 2003
  4. United States v. Michael AlexanderCourt of Appeals for the Sixth Circuit · 1991
  5. United States v. Julio ValdezCourt of Appeals for the Sixth Circuit · 2004

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