context: We note, moreover, that every circuit court to have considered whether a defendant may withdraw his plea to a violation of 18 U.S.C. SS 924(c)(1) in light of Bailey's change in the law has addressed this issue on the merits.
citation_a.signal: see
citation_a.parenthetical: remanding to trial court for reconsideration of plea in light of Bailey
citation_a.sentence: See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey).
citation_b.signal: see also
citation_b.parenthetical: permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases
citation_b.sentence: See United States v. Garcia, 1996 WL 128123 (8th Cir. March 25,1996) (unpublished disposition) (summarily vacating guilty plea on direct appeal on basis of Bailey); United States v. Keebler, 78 F.3d 598 (10th Cir.1996) (table), 1996 WL 84104 (10th Cir. Feb. 27, 1996) (remanding to trial court for reconsideration of plea in light of Bailey); United States v. Abdul, 75 F.3d 327 (7th Cir.1996) (on appeal from denial of presentence motion to vacate plea, finding the factual basis supporting plea insufficient under Bailey and remanding with instructions to vacate conviction and sentence under § 924(c)(1)); United States v. Riascos-Suarez, 73 F.3d 616, 622-23 (6th Cir.1996) (on appeal from denial of post-sentence motion to withdraw plea, reassessing sufficiency of factual basis supporting defendant’s Alford plea to violation of § 924(c)(1) in light of Bailey); see also Bell v. United States, 917 F.Supp. 681 (E.D.Mo.1996) (vacating plea on § 2255 motion on grounds pre-Bailey misunderstanding of the law rendered plea involuntary); United States v. Fletcher, 919 F.Supp. 384 (D.Kan.1996) (permitting habeas petitioner to attack plea on ground that factual basis did not constitute a crime under Bailey and discussing cases); United States v. McMillan, 914 F.Supp. 1387 (E.D.La.1996) (permitting pre-sentence withdrawal of plea on grounds that factual basis did not support “use” of firearm in light of Bailey).