United States v. Swan, No. 22-6132 (10th Cir. 2024)
Annotate this CaseThe United States Court of Appeals for the Tenth Circuit vacated the conviction of John Miguel Swan, who had pleaded guilty to being a felon in possession of ammunition. Swan appealed the district court's denial of his motion to withdraw his guilty plea, arguing that his plea was unknowing and involuntary due to a material misrepresentation made by his plea counsel. His counsel had told him, just before he decided to plead guilty, that all minorities would be removed from his jury, and his case would be tried before exclusively white jurors. The court held that this misrepresentation about Swan's right to an impartial jury selected through racially nondiscriminatory means rendered his plea unknowing and involuntary. The court found that the misrepresentation was not corrected during the district court’s plea colloquy nor negated by Swan’s prior experience in the criminal-justice system. As such, the court held that the district court abused its discretion in denying Swan’s motion to withdraw his guilty plea, vacated Swan's conviction, and remanded for the district court to allow Swan to withdraw his guilty plea and for further proceedings.
This opinion or order relates to an opinion or order originally issued on January 23, 2024.
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