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UNITED STATES v. SWAN

No. 22-6132.

90 F.4th 1294 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. John Miguel SWAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 23, 2024.

Attorney(s) appearing for the Case

Keith Bradley of Squire Patton Boggs (US) LLP ( Virginia L. Grady , Federal Public Defender; Leah D. Yaffe , Assistant Federal Public Defender, on the opening brief), Denver, Colorado, for Defendant-Appellant.

Allison B. Christian , Assistant United States Attorney ( Robert J. Troester , United States Attorney, and Jackie Hutzell , Assistant United States Attorney, with her on the brief), Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before MATHESON, BACHARACH, and MORITZ, Circuit Judges.

John Swan appeals the district court's denial of his presentence motion to withdraw his guilty plea. At the hearing on Swan's motion, plea counsel testified that he told Swan, who is Black, that all minorities would be removed from his jury and that his case would be tried before exclusively white jurors. This material misrepresentation...

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