United States Ninth Circuit

The district court has discretion to permit a defendant to withdraw his guilty plea when the district court finds that defense counsel "grossly mischaracterized" the defendant's possible sentence, even if the mischaracterization did not actually prejudice the defendant.

Appellate Information

• Argued 03/07/2005
• Decided 06/09/2005
• Published 06/09/2005

Judges

• Before GRABER and CALLAHAN, Circuit Judges, and BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Randy S. Kravis, Studio City, CA, for the defendant-appellant., Ronald L. Cheng, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.