What is the test for challenging revocation of probation and/or the guilty plea that led to probation?
MultiRegion, United States of America
The following excerpt is from United States v. Cate, 971 F.3d 1054 (9th Cir. 2020):
In United States v. Simmons , 812 F.2d 561 (9th Cir. 1987), the defendant challenged the revocation of his probation, as well as the guilty plea that led to probation. Explaining that the underlying conviction "may be collaterally attacked only in a separate proceeding under 28 U.S.C. 2255, and a court should consider the
[971 F.3d 1058]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a probation officer have to provide the same formalities at each probation revocation hearing as required at the time of the probation application? (MultiRegion, United States of America)
Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
What is the current state of the law on challenging a guilty plea? (MultiRegion, United States of America)
Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction? (MultiRegion, United States of America)
Does a probation order requiring a defendant to participate in a program in mental health counseling constitute a condition of probation? (MultiRegion, United States of America)
How can a defendant challenge his guilty plea in a civil case? (MultiRegion, United States of America)
Does a probation officer have a right to challenge the Guideline on a criminal defendant's sentence calculation? (MultiRegion, United States of America)
Is a probation officer required to give a written statement of the conditional revocation of a person? (MultiRegion, United States of America)
In what circumstances will a jury be instructed not to find a defendant guilty of a charge of assault but not guilty of assault? (MultiRegion, United States of America)
Can a motionant challenge a guilty plea conviction based on a rule 11 violation? (MultiRegion, United States of America)
