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U.S. v. Baxter, 2:17-cr-23-KS-MTP-002. (2018)

Court: District Court, S.D. Mississippi Number: infdco20180921c81 Visitors: 10
Filed: Sep. 20, 2018
Latest Update: Sep. 20, 2018
Summary: ORDER KEITH STARRETT , District Judge . THIS CAUSE IS BEFORE THE COURT on Motion to Withdraw Guilty Plea [169] filed by John Baxter, Response thereto [178] filed by the Government, and Reply [191] filed by Baxter. The Court has considered the pleadings and exhibits thereto and finds that pursuant to Criminal Rule 11(d)(2)(B) that the Defendant has shown a fair and just reason for requesting the withdrawal. The facts and circumstances regarding the Defendant's understanding of the discovery
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ORDER

THIS CAUSE IS BEFORE THE COURT on Motion to Withdraw Guilty Plea [169] filed by John Baxter, Response thereto [178] filed by the Government, and Reply [191] filed by Baxter. The Court has considered the pleadings and exhibits thereto and finds that pursuant to Criminal Rule 11(d)(2)(B) that the Defendant has shown a fair and just reason for requesting the withdrawal. The facts and circumstances regarding the Defendant's understanding of the discovery and the potential sentence justify this Court in granting this motion:

NOW, THEREFORE, IT IS HEREBY ORDERED that the Motion to Withdraw Guilty Plea [169] is GRANTED, and the Court sets aside the guilty plea of John Baxter. The parties are directed to contact the office of Magistrate Judge Michael T. Parker within three (3) days of the date of this Order to establish a scheduling order.

SO ORDERED.

Source:  Leagle

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