RANDALL
v.
KELLEHER, JUDGE, UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

U.S. | 1985-10-07
No. 84-6944
474 U.S. 840 Supreme Court of the United States (1985) Positive Treatment
Cited by 1 case

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  • United States v. Rios-Ortiz, 830 F.2d 1067 (9th Cir. 1987)
    …construction of Rule 32(d) like that appellant urges. The Second Circuit has expressly stated that the defendant's “change of heart” is insufficient as a “fair and just reason.” United States v. Figueroa, 757 F. 2d 466, 475 (2d Cir.), cert. denied, 474 U.S. 840, 106 S.Ct. 122, 88 L.Ed.2d 100 (1985); United States v. Michaelson, 552 F. 2d 472, 476 (2d Cir.1977). At least two circuits have specifically rejected the notion that any desire to withdraw a plea is “fair and just” if the government cannot show p…

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