In Re Marciano Ellis. Marciano Ellis v. United States District Court for the Western District of Washington (Tacoma) United States of America, Real Party in Interest

294 F.3d 1094 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. No. 01-70724. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 17, 2001. Filed June 21, 2002. 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. Appeal from the United States District Court for the Western District of Washington, Jack E. Tanner, District Judge, Presiding. Before FARRIS, KLEINFELD, and GOULD, Circuit Judges. OPINION KLEINFELD, Circuit Judge. 1 This case involves the extent of a district court's discretion to reject a charge bargain in a proposed plea agreement. Facts 2 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…