United States v. Juan Vargas Piedra

MEMORANDUM

Juan Vargas Piedra (“Piedra”) appeals the district court’s denial of his motion to withdraw his plea of guilty to charges of conspiracy to manufacture 1,000 or more marijuana plants ( 21 U.S.C. § 846 ) and destruction of government property ( 18 U.S.C. § 1361 ). Piedra moved to withdraw his guilty plea at the outset of a three-day sentencing hearing at which the government introduced evidence that he had not “truthfully provided to the Government all information and evidence” that he had regarding the offenses, making him ineligible for safety valve relief — to be sentenced without regard to the statutory minimum — under 18 U.S.C. § 3553 (f)(5).

“We review the denial of a motion to withdraw a plea for abuse of discretion.” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir.2010) (citation omitted). After the court accepts a guilty plea, but before it imposes sentence, a defendant may withdraw the plea if “the defendant can show a fair and just reason for requesting the withdrawal.” Fed.R.Crim.P. 11(d)(2)(B). While this standard “is applied liberally,” the defendant has the burden to show a fair and just reason for withdrawal of the plea. United States v.…