When will a defendant be allowed to set aside his guilty plea before sentencing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Read, 534 F.2d 858 (9th Cir. 1976):
When, as here, a defendant moves to set aside his guilty plea before sentencing, the motion should be freely allowed in the interests of justice. (Kadwell v. United States, 315 F.2d 667 (9th Cir. 1963).) However, the granting of the motion lies in the sound discretion of the district court. From our review of the record, we do not believe that the district court abused its discretion in rejecting the motion.
"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
Is there any case law in which a defendant has argued that the sentencing of a defendant who has pleaded guilty to a charge of possession of a firearm with intent to endanger life and cause grievous bodily harm? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that he should have been sentenced to a minimum sentence that would have allowed him to leave the criminal justice system? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Is a federal district court's imposition of consecutive sentences for a defendant who pleaded guilty to a charge of aggravated assault violate the federal sentencing code of conduct? (MultiRegion, United States of America)
What is the appropriate sentence for a defendant who has pleaded guilty to all charges under the new federal sentencing guidelines? (MultiRegion, United States of America)
