· 5/22/2001
United States v. Melvinisha Brown
Citations
- 250 F.3d 811
- 2001 U.S. App. LEXIS 10521
- 2001 WL 539459
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that evidence was not material in part because it showed only “the possibility of an alibi defense” rather than “demonstat[ing] the [the petitioner] had an alibi”
- noting that the simple 9 assertion of the “possibility of an alibi defense . . . does not demonstrate that [appellant] had an alibi. The mere fact that [appellant] maintained that he had an alibi does not mean that one existed”
- affirming refusal of permission to withdraw the guilty plea where the defendant failed to present any evidence that she did not commit the crime
- stating that “[a] shift in defense tactics, a change of mind, or the fear of punishment are not adequate reasons to impose on the government the expense, difficulty, and risk of trying a defendant who has already acknowledged his guilt by pleading guilty” (emphasis added)
- “Assertions of innocence must be buttressed by facts in the record that support a claimed defense.” (quoting United States v. Salgado-Ocampo, 159 F.3d 322, 326 (7th Cir. 1998))
- “In assessing a defendant’s claim of ‘legal innocence’ for purposes of withdrawal of a guilty plea, we must first examine whether the defendant has asserted his or her factual innocence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nygaard, Alito, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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