Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Magistrate Judges May Accept Guilty Pleas

By Jonathan Byrne

US v. Benton: Benton was charged with conspiracy to distribute drugs. He reached a plea agreement with the Government, which included a provision allowing a magistrate judge to perform the Rule 11 plea hearing. That hearing took place and the magistrate judge accepted Benton's plea. Months later, Benton complained that his attorney had been ineffective by failing to adequately explain the elements of the offense to him. As a result, new counsel was appointed. After new counsel was appointed, Benton filed a motion to withdraw his guilty plea alleging that there was an inadequate factual basis, the terms were unconscionable, the Government had breached by failing to file a motion for substantial assistance, and ineffective assistance of counsel...continue to full post

Full post as published by Fourth Circuit Blog on May 02, 2008 (boomark / email).