IN RE ELLIS

No. 01-70724.

294 F.3d 1094 (2002)

In re Marciano ELLIS. Marciano Ellis, Petitioner, v. United States District Court for the Western District of Washington (Tacoma); Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2002.


Attorney(s) appearing for the Case

Miriam F. Schwartz, Assistant Public Defender, Tacoma, WA, for the petitioner.

Robert Westinghouse, Assistant United States Attorney, Seattle, WA, for the real party in interest.

Jack E. Tanner (briefed), Senior United States District Judge, Tacoma, WA, for the respondent.

David Eugene Wilson (argued), Seattle, WA, for the respondent.

Before FARRIS, KLEINFELD, and GOULD, Circuit Judges.


OPINION

KLEINFELD, Circuit Judge.

This case involves the extent of a district court's discretion to reject a charge bargain in a proposed plea agreement.

Facts

Marciano Carlos Ellis was indicted for first degree murder.1 According to the statement of facts in his signed plea agreement, he called a taxicab on Friday, March 5, 1999 from a payphone in front of a doughnut shop. Donald Ray Barker, a 46 year old cabdriver...

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