Legal Opinion
United States v. Edward Alan Garcia
Court of Appeals for the Ninth Circuit
Decided March 16, 2005No. 04-30172PublishedCited by 56 opinions
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge.
Defendant-appellant Edward Alan Garcia (“Garcia”) appeals the district court’s denial of his motion to withdraw his guilty plea to a charge of manufacture of methamphetamine and a related firearm charge. After his plea was accepted but before he was sentenced, Garcia moved to with draw his plea on the basis of new evidence and an intervening change in the law. Because the newly discovered evidence constituted a “fair and just reason” to permit him to withdraw the plea prior to sentencing, we vacate the judgment of conviction, set aside the guilty plea, and…
2Cases cited9 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Brady v. United StatesSupreme Court of the United States · 1970
- United States v. Timothy Allen WennerCourt of Appeals for the Ninth Circuit · 2003
- United States v. Frank R. AlberCourt of Appeals for the Ninth Circuit · 1995
- United States v. Alfredo Ortega-AscanioCourt of Appeals for the Ninth Circuit · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- United States v. Cortez FisherCourt of Appeals for the Fourth Circuit · 2013
- United States v. Clifford A. Davis, M.D.Court of Appeals for the Ninth Circuit · 2005
- United States v. CaramadreCourt of Appeals for the First Circuit · 2015
- United States v. BonillaCourt of Appeals for the Ninth Circuit · 2011
- United States v. BryantCourt of Appeals for the Seventh Circuit · 2009
51 more not listed; retrieve them via the Exa API.