UNITED STATES of America, Plaintiff-Appellee, v. William Scott BARRON, Jr., Defendant-Appellant
Court of Appeals for the Ninth Circuit
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…
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