U.S. v. THERON

No. 87-1734.

849 F.2d 477 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Gert Albertus THERON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 1988.


Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on the brief), D. of Kan., Kansas City, Kan., for defendant-appellant.

Richard Hathaway, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., with him on the brief), Topeka, Kan., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and DUMBAULD, District Judge.


SEYMOUR, Circuit Judge.

Gert Theron appeals the district court's denial of his pre-sentence motion to withdraw his guilty plea. For the following reasons, we reverse.

I.

Theron was indicted along with eleven co-conspirators for mail fraud and conspiracy. While both sides were preparing their cases, Theron learned that a co-defendant had pled guilty. Theron alleges that he believed the plea agreement guaranteed his co-defendant probation. As a consequence...

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