United States v. Tyerman, 2011 U.S. App. LEXIS 11595

Tyerman pled guilty to felon in possession of a firearm under a Rule 11(c)(1)(C) agreement calling for a 50-month sentence.
At the change-of-plea hearing the court deferred acceptance of the plea/plea agreement pending the PSR review.
The court stated Tyerman would have the right to withdraw if the court did not accept the agreed sentence; Tyerman confirmed this understanding.
Over nine months later, at sentencing, Tyerman sought to withdraw his plea; the court had not explicitly accepted the plea at the change-of-plea hearing.
The government argued the court implicitly accepted the plea and deferred only acceptance of the plea agreement; Tyerman argued Rule 11(d)(1) granted an absolute pre-acceptance withdrawal right.
The panel held the district court never accepted the guilty plea before withdrawal was sought, and erred by denying withdrawal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Tyerman had an absolute right to withdraw his plea before acceptance	Tyerman: rule grants withdrawal before acceptance	Government: implicit acceptance occurred; deferral allowed	Tyerman granted withdrawal right; error to deny

United States v. Head, 340 F.3d 628 (8th Cir. 2003) (Rule 11(d) right to withdraw before acceptance)
United States v. Hyde, 520 U.S. 670 (U.S. Supreme Court 1997) (district court may accept guilty plea while deferring plea agreement)
United States v. Shaker, 279 F.3d 494 (7th Cir. 2002) (deferral of acceptance of the plea agreement; withdrawal rights)
United States v. Byrum, 567 F.3d 1255 (10th Cir. 2009) (provisional acceptance of guilty plea subject to PSR)
United States v. Battle, 499 F.3d 315 (4th Cir. 2007) (plea provisionally accepted; withdrawal rights discussed)
United States v. Jones, 472 F.3d 905 (D.C. Cir. 2007) (plea accepted where court said plea is conditionally accepted)
United States v. Robinson, 587 F.3d 1122 (D.C. Cir. 2009) (interchangeable use of plea/plea agreement; not decisive here)