Legal Opinion

Thomas Joseph Sherman, Jr. v. United States

Court of Appeals for the Ninth Circuit

Decided November 28, 1967No. 21603PublishedCited by 30 opinions

1Opinion of the Court

MERRILL, Circuit Judge:

This case raises two questions relating to the tentative sentence provided by 18 U.S.C. § 4208(b): 1 (1) Does the right of allocution 2 attach at the time of defendant’s commitment under the tentative sentence as well as at final sentencing; (2) under what standard should leave to withdraw a plea of guilty 3 be granted during the period between the tentative and the final sentences?

On July 7, 1966, in the District Court for the District of Hawaii, appellant, with court-appointed counsel present, entered a plea of guilty to an indictment charging that he had made a…

2Cases cited7 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. Sydney B. Kadwell v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  3. United States v. BehrensSupreme Court of the United States · 1963
  4. Corey v. United StatesSupreme Court of the United States · 1963
  5. Michael Zaffarano v. United StatesCourt of Appeals for the Ninth Circuit · 1964

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3Cited by30 opinions

  1. United States v. BarkerCourt of Appeals for the D.C. Circuit · 1975
  2. United States v. Bernard Jerry, and Edgar SaundersCourt of Appeals for the Third Circuit · 1973
  3. Johnnie Tasby v. United StatesCourt of Appeals for the Eighth Circuit · 1975
  4. Gary Stewart Boardman v. Wayne Estelle, WardenCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. John Stayton and Rita Stayton, John StaytonCourt of Appeals for the Third Circuit · 1969

25 more not listed; retrieve them via the Exa API.

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