Gooding v. United States

MACK, Associate Judge:

We are asked to review the denial, after a hearing, of appellant John Gooding’s Rule 32(e) motion to withdraw his plea of guilty to kidnapping. In the trial court, appellant argued that his plea was involuntarily entered and that it was fair and just that it be withdrawn. On the record before us, we conclude that withdrawal of the plea should have been permitted as fair and just under the circumstances, and also that the plea was accepted without an adequate inquiry pursuant to Rule 11. We reverse and remand on these two independent grounds, so that appellant can have…