United States First Circuit

In a question of first impression in this circuit concerning the operation of Federal Rule of Criminal Procedure 11(d)(1), which provides that a defendant may withdraw a guilty plea "for any reason or no reason" at any time before the court accepts it, the district court's refusal to allow defendant to withdraw his guilty plea without showing a fair and just reason for doing so, is vacated where the plain language of the rule grants a defendant the absolute right to withdraw his plea at any time before it is accepted.

Appellate Information

• Decided 06/23/2015
• Published 06/23/2015

Judges

• Selya

Court

• United States First Circuit

Counsel