United States Tenth Circuit

Colloquy was insufficient to support a conclusion that defendant knew he was waiving his right to make a later motion under 18 U.S.C. section 3582(c)(2), thus defendant's waiver of his right to bring such a motion was not knowing and voluntary.

Appellate Information

• Decided 07/29/2003
• Published 07/29/2003

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and MURPHY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:


• For Appellees:
  
• Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant., David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.