United States Ninth Circuit

Under Federal Rule of Criminal Procedure 32(e), a defendant may withdraw a guilty plea after a codefendant has been sentenced and before the defendant's sentencing if he shows a "fair and just" reason and need not show "manifest injustice".

Appellate Information

• Argued 06/21/2001
• Decided 07/23/2001
• Published 07/23/2001

Judges

• MICHAEL DALY HAWKINS, Circuit Judge:, Before:  SCHROEDER, Chief Judge, PREGERSON, KOZINSKI, O'SCANNLAIN, TROTT, FERNANDEZ, KLEINFELD, HAWKINS, FLETCHER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John F. Garland, Fresno, California, for the defendant-appellant., Thomas E. Flynn, Assistant United States Attorney, Sacramento, California, for the plaintiff-appellee.