Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Filiberto ALVAREZ-TAUTIMEZ, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided November 16, 1998No. 97-16763PublishedCited by 32 opinions
1Opinion of the Court
TASHIMA, Circuit Judge:
Filiberto Alvarez-Tautimez (Alvarez) appeals from the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate or set aside his conviction on the ground of ineffective assistance of counsel. The district court concluded that Alvarez’s counsel did not provide deficient assistance in failing to file a motion to withdraw Alvarez’s guilty plea. We conclude, however, that, because the plea was not accepted by the district court until the day of sentencing and, thus, could have been withdrawn without a showing of a “fair and just reason,” counsel’s failure to…
2Cases cited15 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Sheldon Sanders v. John Ratelle, Warden Daniel E. Lungren, Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
- Jonah Iaea v. Franklin Sunn, Director of the Department of Social Services, State of HawaiiCourt of Appeals for the Ninth Circuit · 1986
- United States v. HydeSupreme Court of the United States · 1997
- United States v. Karl KellerCourt of Appeals for the Ninth Circuit · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Jose Francisco Reyna-Tapia, AKA Jose ReynaCourt of Appeals for the Ninth Circuit · 2003
- United States v. BentonCourt of Appeals for the Fourth Circuit · 2008
- Donald Beardslee v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2004
- Stephen Wayne Anderson v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 2000
- United States v. John Charles KuchinskiCourt of Appeals for the Ninth Circuit · 2006
27 more not listed; retrieve them via the Exa API.