U.S. v. TAYLOR

No. 92-5274.

984 F.2d 618 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Earl TAYLOR, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1993.


Attorney(s) appearing for the Case

Leonard A. Kaplan, Asst. Federal Public Defender, Charleston, WV, argued (Hunt L. Charach, Federal Public Defender, on brief), for defendant-appellant.

Victoria Boros Major, Asst. U.S. Atty., Charleston, WV, argued (Michael W. Carey, U.S. Atty., John C. Parr, Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and WILKINSON and LUTTIG, Circuit Judges.


OPINION

WILKINSON, Circuit Judge:

In this case, we are asked to decide whether a district court must conduct a second Rule 11 colloquy at a sentencing hearing, if the defendant equivocates about his guilty plea after the initial plea hearing. We hold that a second Rule 11 colloquy is not required, and that the decision how to respond to such equivocation is within the discretion of the district court. In this case, we find that the district court did not...

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