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WITHAM v. UNITED STATES

Nos. 21-6214, 23-3577.

BRIAN SCOTT WITHAM, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee. MICHAEL EUGENE SAVAGE, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 8, 2024.

Attorney(s) appearing for the Case

ARGUED: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant Witham.

Eric S. Roytman , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant Savage.

Mahogane D. Reed , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant Witham.

Eric S. Roytman , Nathaniel A.G. Zelinsky , HOGAN LOVELLS US LLP, Washington, D.C., Katherine B. Wellington , HOGAN LOVELLS US LLP, Boston, Massachusetts, for Appellant Savage.

Debra A. Breneman , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee in 21-6214. Mahogane D. Reed , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Mary Beth Young , UNITED STATES ATTORNEY'S OFFICE, Columbus, Ohio, for Appellee in 23-3577.

Before: SUTTON, Chief Judge; SUHRHEINRICH and MURPHY, Circuit Judges

OPINION

After being indicted for violating one or more criminal laws, a defendant may plead guilty to some of the charges for all manner of reasons, including a commitment by the government to drop other charges or to recommend a shorter sentence. Criminal Rule 11 establishes a highly reticulated process to ensure...

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