United States v. Head’s Empirical Analysis
340 F.3d 628 · 2003
Citation profile
23 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 36 later decisions — most recently June 2023 · most notably United States v. Battle (2007), Elnashar v. Speedway SuperAmerica, LLC (2007)
23 federal appellate · 1 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2
Relies on United States v. Hyde · Sammye R. Holloway v. Sally Brush Clermont County, Ohio · Anheuser-busch, Inc. v. John Labatt Ltd. · Southeastern Michigan Gas Co. v. Federal Energy Regulatory Commission · United States of America v. Timothy Has No Horses
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the court does not explicitly do so through the use of words such as “I accept your plea of guilty. ” Nor do we believe that the district court implicitly accepted the plea. Although the district court does detail the consequences of a guilty plea — giving up rights to further trial proceedings — it also makes clear that the plea is not yet accepted. The district court states: [I]f [the plea agreement] is vacated or rejected at the time of sentencing — as I go over this and think about it in the weeks ahead and decide that the agreement is not appropriate, that ten years isn’t enough or whatever, then you would go back to trial on all of the original charges. (Change of Plea Tr. at 41 (emphasis added).) The district court then advised [the defendant] that pursuant to the plea agreement, the government “reserve[d] the right to withdraw from this plea agreement if you commit any new offense before I accept the guilty plea.” (Id. (emphasis added).) * * * The issue before us is simply whether the district court accepted [the defendant’s] guilty plea at all. Guided by the language used by the district court indicating that the plea was not yet accepted, and in the absence of any explicit statement to the contrary, the record reflects that the plea, as opposed to only the plea bargain, was not accepted at the change of plea hearing. It follows that [the defendant’s] guilty plea remained unaccepted by the district court when he moved to withdraw it on September 4, 2002, and u”
1 later decision quote this exact passage · from the majority“[W]e find that the district court had no discretion, under Rule 11(d), to deny Head's motion to withdraw his guilty plea.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.