United States v. Leroy Jackson

FIELD, Senior Circuit Judge:

The issue on this appeal as framed by both counsel for the defendant and the Government is whether the trial court’s refusal to consider a plea agreement which includes a sentence recommendation by the attorney for the Government constitutes an abuse of discretion which would permit the defendant to withdraw his plea of guilty. While we doubt that on the facts of this case the issue is of such dimensions, we will dispose of the appeal on that basis.

The defendant, Leroy Jackson, was indicted by a federal grand jury for operating a lottery or numbers game in…