Can a federal court vacate a guilty plea after accepting it?
MultiRegion, United States of America
The following excerpt is from United States v. Culbertson, 670 F.3d 183 (2nd Cir. 2012):
4. We note that [t]he district court's obligations under Rule 11[(b)(3)] continue until it has entered judgment. If it decides there was no factual basis for a guilty plea after accepting it, the court should vacate the plea and enter a plea of not guilty on behalf of the defendant. United States v. Smith, 160 F.3d 117, 121 (2d Cir.1998).
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