United States v. Tyerman, No. 10-2650 (8th Cir. 2011)
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Appellant challenged his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). At issue was whether the district court erred in denying his request to withdraw his Alford plea because he had the absolute right to withdraw his guilty plea under Federal Rule of Criminal Procedure 11(d)(1). After thoroughly reviewing the change-of-plea hearing transcript, the court could not say that the district court explicitly accepted appellant's guilty plea and therefore, the district court erred in not allowing him to withdraw his plea. Accordingly, the court reversed the judgment of the district court and remanded for further proceedings.
Court Description: Criminal case - Criminal law. Where the district court deferred accepting defendant's guilty plea at the change-of-plea hearing pending the preparation of presentence report, the court had not accepted the plea, and defendant had an absolute right to withdraw it.
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