UNITED STATES of America, Plaintiff-Appellee, v. Bob Jack WASHMAN, Defendant-Appellant

I.

Bob Jack Washman appeals from the district court’s denial of his motion to withdraw his guilty plea. Because we find that the district court had not accepted the agreement at the time Washman attempted to withdraw, we hold that the district court erred in refusing to allow him to withdraw. We therefore reverse Washmaris conviction and remand with instruction to allow Wash-man to plead anew.

II.

Police arrested Washman after they found 254 kilograms of marijuana in his recreational vehicle. Washman pleaded not guilty at his arraignment, but subsequently he entered into a plea agreement with the government. Washman agreed to plead guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1), so long as he was given a prison sentence of 60-63 months. Both Washman and the government signed the agreement, and on the same day a magistrate judge held a change of plea hearing. The magistrate judge conducted a colloquy with Washman in compliance with Fed.R.Crim.P. 11, and at the close of the hearing stated that he would “make a recommendation” to the district judge “that your plea of guilty be accepted.” The magistrate judge then stated that the…