United States v. Gardner, No. 19-1584 (1st Cir. 2021)
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The First Circuit vacated the judgment of the district court denying Defendant's motion to withdraw his plea of guilty to a variety of drug and firearm offenses and sentencing him to 160 months' imprisonment, holding that Defendant should have been allowed to withdraw his plea.
Pursuant to a plea agreement, Defendant pleaded guilty to certain charged offenses in exchange for a 120-month sentence. Prior to sentencing, Defendant breached the plea agreement by assaulting a fellow inmate. Thereafter, the government withdrew from the agreement. Defendant subsequently moved to withdraw his plea. The district court denied the motion and sentenced Defendant to 160 months' imprisonment. The First Circuit vacated the district court's judgment, holding that, under the circumstances of this case, there was a fair and just reason for the withdrawal of Defendant's plea, and the district court abused its discretion in refusing to allow Defendant to withdraw his plea.
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