United States v. Carlos Cosme

MEMORANDUM

Appellant Carlos Cosme appeals the district court’s decision to deny his motion to withdraw his guilty plea. We have jurisdiction under 28 U.S.C. § 1291 .

Cosme argued before the district court he should be permitted to withdraw his guilty plea because (1) he did not understand he was admitting to factual allegations in the plea agreement that supported his convictions, (2) his attorney pressured him into admitting those allegations and into entering a guilty plea, and (3) there was no factual basis to support his convictions. The district court held an evidentia-ry hearing and found Cosme’s testimony to be incredible and his factual contentions to be without merit.

We review a denial of a motion to withdraw a guilty plea for abuse of discretion. United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir.2005). “A defendant may withdraw a guilty plea after its acceptance but before sentencing if the defendant shows ‘a fair and just reason for requesting the withdrawal.’” Id. (quoting Fed. R.Crim.P. 11(d)(2)(B)). The district court found there was no factual basis for any of Cosme’s proffered “fair and just” reasons for withdrawing his guilty plea. And the district court’s…