Alvarado

United States v. Alvarado

Good Law
622 F. Supp. 2d 988·2009 WL 1026035·2009 U.S. Dist. LEXIS 31564
United States District Court, Eastern District of CaliforniaApril 15, 2009CR. S-07-88 FCDCalifornia3,554 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This criminal case is before the court on defendant Victor Manuel Alvarado’s (“Alvarado”) motion to withdraw his guilty plea, pursuant to Federal Rule of Criminal Procedure 11(d)(2)(B) (“Rule 11”). The court heard oral argument on the motion on March 9, 2009. Subsequently, the court requested supplemental briefing on the motion, in light of new arguments raised by Alvarado’s counsel at the oral argument. (See Minute Order, filed March 12, 2009.) The court has reviewed the supplemental briefing, and considering it, as well as the original briefing and the arguments of counsel at the hearing, the court HEREBY GRANTS Alvarado’s motion. An intervening change in the law provides a “just and fair” reason to permit Alvarado to withdraw his guilty plea in this case.

BACKGROUND

On July 26, 2007, the government forwarded its first formal plea offer to Alvarado’s retained counsel, Percy Martinez (“Martinez”). (Ex. B to Gov’t’s Opp’n, filed Feb. 6, 2009.) It required Alvarado to plead guilty to the conspiracy count and to agree that the base level was 36, that two points should be added for possession of a dangerous weapon, and that three points should be added because…

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