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[DOWNLOAD] "United States v. Canovarela" by Arizona Court of Appeals * eBook PDF Kindle ePub Free

United States v. Canovarela

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eBook details

  • Title: United States v. Canovarela
  • Author : Arizona Court of Appeals
  • Release Date : January 10, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Marco Antonio Cano-Varela entered a pretrial status conference disappointed with the plea deal his lawyer had helped negotiate and displeased with his lawyers provision of Spanish-language discovery materials. He intended to request a change of counsel so that he could go to trial on drug charges. During the conference, however, the district court informed Mr. CanoVarela that he would potentially face a vastly longer sentence if he went to trial and was convicted than if he pleaded guilty. Two weeks later, Mr. Cano-Varela accepted the governments plea deal. We hold that the district court violated Rule 11(c)(1)(C)s prohibition against judicial participation in plea negotiations by comparing, before Mr. Cano-Varela and the government had reached a plea agreement, the potential penal consequences of pleading guilty versus going to trial. We therefore vacate Mr. Cano-Varelas guilty plea and sentence.


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