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U.S. v. JONES

No. 05-3166.

472 F.3d 905 (2007)

UNITED STATES of America, Appellee v. Dorian R. JONES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 2007.

Attorney(s) appearing for the Case

William Francis Xavier Becker, appointed by the court, argued the cause and filed the brief for appellant.

John P. Mannarino, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Assistant U.S. Attorney.

Before: HENDERSON, TATEL and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

After pleading guilty to being a felon in possession of a firearm, appellant sought to withdraw his plea and proceed to trial. The district court denied the request, finding that because it had previously accepted the plea, appellant could withdraw it under Federal Rule of Criminal Procedure 11(d)(2) only for a "fair and just...

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