United States Ninth Circuit

In an illegal reentry case, the Court found that defendant established a "fair and just reason" for withdrawing a plea when he seeks to withdraw his plea before sentencing so that he can move to dismiss his indictment based on an intervening United States Supreme Court decision.

Appellate Information

• Argued 05/12/2004
• Decided 07/15/2004
• Published 07/15/2004

Judges

• BREYER, District Judge:, Before McKEOWN and BYBEE, Circuit Judges, and BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Maria E. Stratton,Office of the Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Daniel A. Saunders, Office of the United States Attorney, Los Angeles, CA, for the plaintiff-appellee.