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U.S. v. BAKER

No. 06-3115.

489 F.3d 366 (2007)

UNITED STATES of America, Appellee v. Kenneth C. BAKER, Jr., a/k/a Kenneth C. Baker, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2007.

Attorney(s) appearing for the Case

James W. Beane, Jr., appointed by the court, argued the cause and filed the briefs for appellant.

Youli Lee, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III and Barbara E. Kittay, Assistant U.S. Attorneys.

Before: SENTELLE and BROWN, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

Kenneth C. Baker pled guilty to a five-count indictment in federal district court, for which he received a 51-month sentence. On appeal, Baker argues his guilty plea and sentence must be set aside because the court impermissibly and prejudicially participated in plea negotiations with him. We find Baker's arguments persuasive and therefore vacate the judgment of the district court and...

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