United States Ninth Circuit

In a case involving an alleged former client of notorius Hollywood private investigator Anthony Pellicano, conviction for making a false statement to an FBI agent is vacated and the case remanded where: 1) a defendant can show fair and just reason to allow withdrawal of a guilty plea by showing that proper legal advice on the suppressibility of evidence could plausibly have motivated a reasonable person not to have pled guilty; 2) defendant's plea was elicited by a recording previously made by Pellicano which contradicted defendant's statements to the FBI; and 3) recordings made with the intent to violate state or federal law are suppressible under 18 U.S.C. section 2511.

Appellate Information

• Argued 08/04/2008
• Decided 10/21/2008
• Published 10/21/2008

Judges

• MINER, Circuit Judge:, Before:  STEPHEN REINHARDT, ROGER J. MINER, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Charles M. Sevilla, Law Office of Charles Sevilla, San Diego, CA, for the defendant-appellant., S. Todd Neal, Sullivan, Hill, Lewin, Rez & Engel, San Diego, CA, for the defendant-appellant., Christine C. Ewell, Robert E. Dugdale, Assistant United States Attorneys (Thomas P. O'Brien, United States Attorney for the Central District of California), Los Angeles, CA, for the plaintiff-appellee.