Jonathan Limbrick v. United States
JusticiabilityDoctri
Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea?
QUESTIONS PRESENTED FOR REVIEW DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT’S DECISION TO DENY MR. LIMBRICK’S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN ABUSE OF DISCRETION? DID THE DISTRICT COURT ERR BY DENYING MR. LIMBRICK’S MOTION TO WITHDRAW HIS PLEA OF GUILTY? HAVE THE COURTS OF APPEALS, BY CREATING CHECKLISTS OF CONSIDERATIONS FOR THE DISTRICT COURTS TO FOLLOW, IMPROPERLY NARROWED THE “FAIR AND JUST REASON” STANDARD THAT FEDERAL RULE OF CRIMINAL PROCEDURE 11(D)(2)(B) SETS FOR EVALUATING A DEFENDANT’S REQUEST TO WITHDRAW A GUILTY PLEA? DOES THE FIFTH CIRCUIT’S OPINION CONTRADICT THIS COURT’S OPINION IN KERCHEVAL V. UNITED STATES, 274 U.S. 220, 224 (1927) ? ii