POWELL
v.
UNITED STATES

U.S. | 1984-06-18
No. 83-6617
467 U.S. 1254 Supreme Court of the United States (1984) Negative Treatment
Cited by 6 cases

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  • United States v. Wheat, 813 F.2d 1399 (9th Cir. 1987)
    …instead of declaring such plea bargains per se impermissible, we enforce a trial judge’s duty to ensure that such pleas are voluntary, as required by Fed.R.Crim.P. 11(d). See United States v. Castello, 724 F. 2d 813, 814-15 (9th Cir.), cert. denied 467 U.S. 1254, 104 S.Ct. 3540, 82 L.Ed.2d 844 (1984). We have also demanded that such pleas be voluntary in the related situation where a plea bargain is offered in exchange for a promise of leniency as to a third person. Id.; Johnson v Wilson, 371 F. 2d 911, 912…
  • United States v. Jerard J. Signori, 844 F.2d 635 (9th Cir. 1988)
    …committed to the sound discretion of the district court. United States v. Read, 778 F. 2d 1437, 1440 (9th Cir.1985), cert. denied, — U.S. —, 107 S.Ct. 131, 93 L.Ed.2d 75 (1986); United States v. Costello, 724 F. 2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254, 104 S.Ct. 3540, 82 L.Ed.2d 844 (1984); United States v. King, 618 F. 2d 550, 551 (9th Cir.1980). Moreover, although a motion to withdraw a guilty plea should be freely allowed, Kercheval v. United States, 274 U.S. 220, 224, 47 S.Ct. 582, 583, 71 L.…
  • United States v. Rubalcaba, 811 F.2d 491 (9th Cir. 1987)
    …This court’s reviews a district court’s denial of a motion for withdrawal of a guilty plea for abuse of discretion. United States v. Read, 778 F. 2d 1437, 1440 (9th Cir.1985); United States v. Castello, 724 F. 2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254, 104 S.Ct. 3540, 82 L.Ed.2d 844 (1984). Federal Rule of Criminal Proee- [*493] dure 32(d) states that "[i]f a motion for withdrawal of a plea of guilty ... is made before sentence is imposed ... the court may permit withdrawal of the plea upon a sho…

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