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U.S. v. IRIBE-PEREZ

No. 96-1370

129 F.3d 1167 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Martin IRIBE-PEREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 28, 1997.

Attorney(s) appearing for the Case

Richard N. Stuckey, Denver, CO, for Defendant — Appellant.

John M. Hutchins, Assistant U.S. Attorney (Henry L. Solano, U.S. Attorney, and Wayne Campbell, Assistant U.S. Attorney, with him on the brief), Denver, CO, for Plaintiff—Appellee.

Before EBEL, KELLY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Defendant, Martin Iribe-Perez, argues that the district court erred in allowing a jury to try him for certain drug offenses after that jury had been erroneously informed by the court that Mr. Iribe-Perez would be pleading guilty to the crimes charged. We agree. After a trial judge has informed a panel of prospective jurors in a criminal case that a defendant is going to plead guilty, if the defendant decides not to do so, it is improper to constitute...

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