U.S. v. Nguyen

1 Analyses of this case by attorneys

  1. Evidence - Rule 410 and Fed.R.Crim.P. 11(f)

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    United States v. Newbert, 504 F.3d 180 (1st Cir. 2007)If a defendant withdraws his guilty plea based on newly discovered evidence of his innocence, the government may not invoke the “breach the plea agreement” penalties (such as various rights waivers, including a waiver of Rule 410) that would apply in other situations when the defendant breaches a plea agreement.United States v. Nguyen, 465 F.3d 1128 (9th Cir. 2006)A nolo contendere plea is not admissible; nor is a conviction resulting from a nolo plea.United States v. Ventura-Cruel, 356 F.3d 55 (1st Cir. 2003)The defendant entered into a plea agreement and entered his plea.