⚖ Oral Arguments, with Context

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United States v. Barber — 9th Cir. (Sep 14, 2026)

No. 24-7474 Argued September 14, 2026 Published September 30, 2026

The Ninth Circuit hears Brett Barber's appeal after he pleaded guilty in a real-estate investment fraud case and received a 181-month prison sentence. Barber and a business partner promised returns from house-flipping investments; federal prosecutors and securities regulators say the operation raised millions while much of the money never funded those deals. This appeal focuses on his unsuccessful attempt to withdraw his guilty plea before sentencing. Federal Rule of Criminal Procedure eleven D two B allows withdrawal at that stage if the defendant shows a fair and just reason. Barber's lawyer will argue that advice about a possible life sentence made the plea involuntary, and that the judge should have heard testimony before rejecting his account. The panel will ask whether that is really ineffective assistance of counsel—a Sixth Amendment claim better developed in a later Section 2255 motion than on direct appeal. Barber also challenges the difference between his 181-month sentence and his co-schemer's probation.

United States v. Barber (No. 24-7474) — U.S. Court of Appeals for the Ninth Circuit, argued September 14, 2026.

Sources
Argument audio — Ninth Circuit (public domain, 17 U.S.C. § 105):https://cdn.ca9.uscourts.gov/datastore/media/2026/09/14/24-7474.mp3
Argument listing and date — Ninth Circuit:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=24-7474&hearingDate=2026-09-14
Appeal docket — Ninth Circuit:https://dockets.justia.com/docket/circuit-courts/ca9/24-7474
Barber's guilty plea — U.S. Attorney, Central District of California:https://www.justice.gov/usao-cdca/pr/orange-county-man-pleads-guilty-running-investment-scams-raised-more-17-million-false
Sentence and case history — U.S. Attorney, Central District of California:https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-over-15-years-prison-house-flipping-investment-scam-raised
Investment-scheme investigation — Securities and Exchange Commission:https://www.sec.gov/enforcement-litigation/litigation-releases/lr-25250
Federal Rule of Criminal Procedure 11(d)(2)(B) — U.S. Courts:https://www.uscourts.gov/sites/default/files/document/criminal_federal_rules_pamphlet_dec_1_2023.pdf
Plea-withdrawal standard — Ninth Circuit practice guide:https://cdn.ca9.uscourts.gov/datastore/uploads/guides/stand_of_review/II.%20Criminal%20Proceedings%202022.htm
Ineffective-assistance issue on direct appeal — Ninth Circuit, United States v. Rahman:https://cdn.ca9.uscourts.gov/datastore/opinions/2011/07/05/10-10293.pdf
Plea-advice precedent — Ninth Circuit, United States v. McTiernan:https://cdn.ca9.uscourts.gov/datastore/opinions/2008/10/20/0750430.pdf
Federal post-conviction motion — 28 U.S.C. § 2255:https://www.law.cornell.edu/uscode/text/28/2255
Melissa Rabbani — California State Bar:https://apps.calbar.ca.gov/attorney/Licensee/Detail/283993
Melissa Rabbani — Central District of California court calendar:https://apps.cacd.uscourts.gov/JpsApi/file/9bd6f478-6f5c-469f-8acc-08de9f246c30

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