United States Ninth Circuit

A district court lacks sua sponte authority to vacate a previously entered and accepted guilty plea. Upon rejecting the plea agreement, the only course available for the district court under FRCP rule 11 is to advise the defendant of his rights, including the right to withdraw the guilty plea.

Appellate Information

• Decided 02/04/2004
• Published 02/04/2004

Judges

• Before SCHROEDER, Chief Judge, PREGERSON, REINHARDT, KOZINSKI, TROTT, KLEINFELD, THOMAS, McLANE WARDLAW, FISHER, GOULD, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Eugene Wilson,Peter B. Gonick, McKay Chadwell PLLC, Seattle, WA, Miriam F. Schwartz, FPDWA-Federal Public Defender's Office (Tacoma), Tacoma, WA, Robert H. Gombiner, Esq., FPDWA-Federal Public Defender's Office, Seattle, WA, for Petitioner., Robert Henry Westinghouse, Esq., Leonie G.H. Grant, Esq., USSE-Office of the U.S. Attorney, Seattle, WA, for Real Party in Interest.


• For Appellees:
  
• David Eugene Wilson, McKay Chadwell PLLC, Seattle, WA for Respondent.