UNITED STATES v. MILLER

No. 82-1443.

722 F.2d 562 (1983)

UNITED STATES of America, Plaintiff/Appellee, v. Robert James MILLER, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1983.


Attorney(s) appearing for the Case

Percy Anderson, Los Angeles, Cal., for plaintiff-appellee.

Thomas J. Lannen, Los Angeles, Cal., for defendant-appellant.

Before ELY, NELSON and NORRIS, Circuit Judges.


NELSON, Circuit Judge:

This case examines the discretion of a district court judge to reject plea bargains in which the prosecution has agreed to dismiss all except one count of a multiple count indictment. Here, by categorically rejecting all one-count pleas to multiple count indictments, the district court has abdicated its duty to exercise discretion by considering every case individually. We remand and direct the court...

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