Appellate Law

CA1: no plea withdrawal

By S. COTUS

US v. Bates, No. 07-1370 (7/28/08) (unpublished).  A defendant really wants to withdraw his plea.  He had the opportunity to withdraw it at the District Court.  He did not.  The First vacillates as to whether this is a waiver or forfeiture issue, but then says that there was no plain error.  Regrading an Almendarez-Torres v. United States, 523 U.S. 224 (1998) issue, the First says:

As defendant candidly recognizes, his challenge to consideration of his prior conviction on the ground that it was neither admitted, charged in the indictment, nor proved beyond a reasonable doubt is currently "hopeless.

But, at least they don?t call it unethical. 

Full post as published by Appellate Law and Practice on July 30, 2008 (boomark / email).