U.S. v. DAVIS

No. 04-50030.

410 F.3d 1122 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford A. DAVIS, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2005.


Attorney(s) appearing for the Case

Randy S. Kravis, Studio City, CA, for the defendant-appellant.

Ronald L. Cheng, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before GRABER and CALLAHAN, Circuit Judges, and BREYER, District Judge.


BREYER, District Judge.

We must decide whether a district court has discretion to permit a defendant to withdraw his guilty plea prior to sentencing when the district court finds that defense counsel "grossly mischaracterized" the defendant's possible sentence, but also finds that the mischaracterization did not actually prejudice the defendant as is required to invalidate a plea post-sentence. We answer "yes." Because the district court did not believe it had such...

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