US v. Bates, No. 07-1370 (7/28/08) (unpublished). A defendant really wants to withdraw his plea. He had the opportunity to withdraw it at the District Court. He did not. The First vacillates as to whether this is a waiver or forfeiture issue, but then says that there was no plain error. Regrading an Almendarez-Torres v. United States, 523 U.S. 224 (1998) issue, the First says:
As defendant candidly recognizes, his challenge to consideration of his prior conviction on the ground that it was neither admitted, charged in the indictment, nor proved beyond a reasonable doubt is currently "hopeless.
But, at least they don’t call it unethical.
Comments