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U.S. v. BARRON

No. 96-36058.

172 F.3d 1153 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. William Scott BARRON, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Public Defender, Sacramento, California, for the defendant-appellant.

Thomas M. Gannon, United States Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: HUG, Chief Judge, BROWNING, FLETCHER, REINHARDT, NOONAN, O'SCANNLAIN, TROTT, T.G. NELSON, HAWKINS, SILVERMAN, and GRABER, Circuit Judges.

Opinion by Judge NOONAN; Dissent by Judge GRABER; Partial Dissent and Partial Concurrence in the Dissent by Judge TROTT.

NOONAN, Circuit Judge:

When a defendant moves under 28 U.S.C. § 2255 to set aside an illegal conviction and a sentence once imposed as part of a plea agreement, should the district court set aside the entire plea agreement, returning the parties to their pre-plea agreement position, or are...

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