Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. William Scott BARRON, Jr., Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided April 16, 1999No. 96-36058PublishedCited by 83 opinions

1Opinion of the Court

Opinion by Judge NOONAN; Dissent Judge GRABER; Partial Dissent and Concurrence in the Dissent by TROTT.

*1155NOONAN, Circuit Judge:

When a defendant moves under 28 U.S.C. § 2255 to set aside an illegal conviction and a sentence once imposed as part of a plea agreement, should the district court set aside the entire plea agreement, returning the parties to their pre-plea agreement position, or are other remedies provided by § 2255? Our answer to the first alternative is No and to the second, Yes.

PROCEEDINGS

On December 17, 1991 William Scott Barron, Jr. of North Pole, Alaska was indicted on one count…

2Cases cited21 opinions

  1. Bousley v. United StatesSupreme Court of the United States · 1998
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. Turner v. DuncanCourt of Appeals for the Ninth Circuit · 1998
  4. Reed v. RossSupreme Court of the United States · 1984
  5. In Re Edward Hanserd, MovantCourt of Appeals for the Sixth Circuit · 1997

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

3Cited by83 opinions

  1. Charles Harvey Joseph Franklin v. Dan Johnson, SuperintendentCourt of Appeals for the Ninth Circuit · 2002
  2. United States v. Jose Luis NunezCourt of Appeals for the Ninth Circuit · 2000
  3. United States v. Marlon GarthCourt of Appeals for the Third Circuit · 1999
  4. Samson Dubria v. G.A. Smith, WardenCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. Brian Edward RatiganCourt of Appeals for the Ninth Circuit · 2003

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

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