U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker)
Loaded on Oct. 1, 2004
published in Punch and Jurists
October 11, 2004
Filed under:
Punch And Jurists,
Withdrawal.
Here the Court clarified the standards for permitting a withdrawal of a plea agreement, holding the the "fair and just reason" rule that governs withdrawal of a plea may be used as an appropriate "benchmark" - but with differences.
Rule 11 of the Fed.R.Crim.P. sets forth extensive procedures …
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More from this issue:
- U.S. v. Patterson, No. 00-30306 (9th Cir.) (381 F.3d 859) (August 20, 2004) (Judge A. Wallace Tashima)
- U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (343 F.Supp.2d 23) (November 3, 2004) (Judge Nancy Gertner)
- U.S. v. Lopez, No. 02-1412 (2nd Cir.) (385 F.3d 245) (October 1, 2004) (Judge John M. Jr. Walker)
- U.S. v. Moeller, No. 03-3011 (8th Cir.) (383 F.3d 710) (September 3, 2004) (Judge James B. Loken)
- U.S. v. Kaur, No. 03-30306 (9th Cir.) (382 F.3d 1155) (September 10, 2004) (Judge Harry Pregerson)
- Loritz v. U.S. Court of Appeals for Ninth Circuit, No. 04-15028 (9th Cir.) (382 F.3d 990) (February 4, 2000) (Per Curiam)
- U.S. v. Tzoc-Sierra, No. 03-10490 (9th Cir.) (387 F.3d 978) (October 13, 2004) (Judge Jr. William C. Canby)
- U.S. v. Gomes, No. 04-1004-CR (2nd Cir.) (387 F.3d 157) (October 25, 2004) (Judge Dennis G. Jacobs)
- U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (324 F.Supp.2d 311) (July 7, 2004) (Judge Nancy Gertner)
More from these topics:
- Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Chicago Pays Exonerated Prisoners $7.5 Million, Bringing Total to $33.75 Million for Wrongful Convictions, Jan. 1, 2026. Wrongful Conviction, Bribery/Extortion/Theft, Fabrication of Evidence, Withholding of Exculpatory Evidence, Withdrawal.
- California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, Feb. 15, 2023. Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Immigration Law/Offenses, Withdrawal.
- Plea Bargaining: An Illegitimate System to Administer Justice?, March 15, 2022. Wrongful Conviction, Plea Agreements/Guilty Pleas, Withdrawal.
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, Oct. 15, 2020. Plea Agreements/Guilty Pleas, Knowingly and Voluntarily Made, Withdrawal.
- Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, Sept. 15, 2020. Plea Agreements/Guilty Pleas, Withdrawal.
- Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.
- Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy), March 27, 2019. Punch And Jurists, Right to be Present.
- Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun), March 27, 2019. Forfeiture, Punch And Jurists.