United States Ninth Circuit
Vasquez-Ramirez v. US Dist. Court for the S. Dist. of California, 04-75715
Once a prosecutor brings charges against a defendant, Federal Rule of Criminal Procedure 11 requires the judge to accept the defendant's guilty plea to those charges provided the plea meets the requirements of Rule 11(b), and it does not matter whether the judge feels a prosecutor's charging decision was too aggressive or too lenient.
Appellate Information
- Argued 11/18/2005
- Decided 04/06/2006
- Published 04/06/2006
Judges
- KOZINSKI, Circuit Judge., Before: WILLIAM C. CANBY, JR., ALEX KOZINSKI and EUGENE E. SILER, JR., Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Steven F. Hubachek, Chase Scolnick and Lori B. Schoenberg, Federal Defenders of San Diego, Inc., San Diego, CA, for the petitioner., Carol C. Lam, United States Attorney; Roger W. Haines, Jr., Assistant United States Attorney, Chief, Appellate Section, Criminal Division; and David P. Curnow, Assistant United States Attorney, San Diego, CA, for the United States, real party in interest.
- For Appellees:
- Michael J. Dowd, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for the respondent.