U.S. v. DANIELS

No. 86-1218.

821 F.2d 76 (1987)

UNITED STATES of America, Appellee, v. Michael DANIELS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 23, 1987.


Attorney(s) appearing for the Case

Charles E. Gilbert, III with whom Vafiades, Brountas & Kominsky, was on brief, for defendant, appellant.

David R. Collins, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., was on brief, for appellee.

Before CAMPBELL, Chief Judge, ALDRICH and BREYER, Circuit Judges.


BREYER, Circuit Judge.

On August 9, 1985, pursuant to a plea agreement, Michael Daniels pleaded guilty to two counts of selling or receiving stolen trucks. 18 U.S.C. §§ 2313, 2315. Ten weeks later, still before sentencing, he asked to withdraw the guilty plea. The district court refused to allow Daniels to withdraw his plea, and he now appeals that refusal. We reverse.

I

The basic facts are as follows. The government charged appellant,...

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