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United States v. Spaulding, — F.3d —, 2015 WL 5105472 (10th Cir. September 1, 2015)

Sep 1, 2015

The Tenth Circuit held, as a matter of first impression, that Federal Rule of Criminal Procedure 11(e) is jurisdictional. Because the lower court lacked jurisdiction to entertain a motion to withdraw the defendant’s guilty plea after the imposition of a sentence, the Tenth Circuit vacated the judgment and remanded with instructions to reinstate the original sentence.