United States v. Olson

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The Seventh Circuit reversed defendant's conviction and remanded to the district court for further proceedings. In this case, the district court granted defendant's motion to withdraw his guilty plea and proceeded to trial. On September 9, 2016, the district court brought the motion to withdraw the guilty plea back to life and then summarily denied it. The court held that the September 9 proceedings resulted in a new change of plea, which the district court accepted without conducting the colloquy required by Federal Rule of Criminal Procedure 11. On remand, defendant must have the opportunity to enter a new plea, either guilty or not guilty, and the government is free to decide whether to pursue a plea agreement. View "United States v. Olson" on Justia Law