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IN RE ELLIS

No. 01-70724.

356 F.3d 1198 (2004)

In re Marciano ELLIS, Marciano Ellis, Petitioner, v. United States District Court for the Western District of Washington (Tacoma), Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 25, 2003.

Filed February 4, 2004.

Attorney(s) appearing for the Case

Robert Gombiner, Federal Public Defender, Seattle, WA, for the petitioner.

Peter B. Gonick, McKay Chadwell, PLLC, Seattle, WA, for the respondent.

Robert H. Westinghouse, Assistant United States Attorney, for the real party in interest.

Before SCHROEDER, Chief Judge, PREGERSON, REINHARDT, KOZINSKI, TROTT, KLEINFELD, THOMAS, WARDLAW, FISHER, GOULD, and BERZON, Circuit Judges.

Rehearing En Banc Granted December 5, 2002.

Argued and Submitted En Banc March 25, 2003.

Concurrence by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge TROTT; Dissent by Judge KLEINFELD; Concurrence in Dissent by Judge GOULD.

WARDLAW, Circuit Judge:

We write en banc to clarify that the acceptance of a criminal defendant's guilty plea is a judicial act distinct from the acceptance of the plea agreement itself. Once the district...

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