United States First Circuit

The district court did not err in not affording defendant an evidentiary hearing on his motion to withdraw his guilty plea, but a contempt judgment is vacated where the district judge did not give defendant's counsel an opportunity to argue that defendant's remark was not directed at the judge, or to offer any mitigating circumstance.

Appellate Information

• Decided 01/29/2003
• Published 01/29/2003

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, HOWARD, Circuit Judge, and SHADUR, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raymond J. Rigat, by appointment of the court, and Gilbride & Rigat on brief for appellant., Rose A. Briceño, Department of Justice, Criminal Division, Narcotic and Dangerous Drug Section, on brief for the United States.