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· 1/26/1987

United States v. Orlando Jairo Gonzalez-Mercado

Citations

  • 808 F.2d 796
  • 1987 U.S. App. LEXIS 1336

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a 27-day gap between guilty plea and motion to withdraw did not show a “swift change of heart” that would favor defendant
  • explaining that defendants should not be permitted “to use the guilty plea as a means of testing the weight of the potential sentence”
  • holding that because the appellant re- ceived close assistance of counsel and his plea was knowing and voluntary, we would not give considerable weight or attention to whether judicial resources would be conserved or the possibility of prejudice to the government
  • noting that we do not give particular attention to the third and fourth factors if the first two have been satisfied
  • noting that timing could suggest “that the appel- lant withdrew his plea in anticipation of a harsher sentence than that recommended in his plea agreement”
  • explaining that we need not analyzing the two remaining factors based on determination that defendant failed to satisfy the first two factors

Source: CourtListener parenthetical corpus (CC0).

Judges: Fay, Johnson, Hoffman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.