United States v. Margarito Vargas

MEMORANDUM

Appellant Margarito Vargas appeals the district court’s denial of his motion to withdraw his guilty plea under Federal Rule of Criminal Procedure 11(d)(2)(B). Appellant contends that he was coerced into pleading, and did not understand that he was agreeing to a binding 25-year sentence. We affirm.

“We review for abuse of discretion a district court’s denial of a motion to withdraw a guilty plea.” United States v. Showalter, 569 F.3d 1150, 1154 (9th Cir.2009). Factual findings that “underlie” the district court’s decision are reviewed for clear error. Id.

Federal Rule of Criminal Procedure 11(d)(2)(B) permits a defendant to withdraw his plea upon showing “a fair and just reason for requesting the withdrawal.” The defendant bears the burden of establishing that such a reason exists. See, e.g., United States v. Davis, 428 F.3d 802, 805 (9th Cir.2005). ‘While the defendant is not permitted to withdraw his guilty plea ‘simply on a lark,’ ... the ‘fair and just’ standard is generous and must be applied liberally.” United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir.2008) (quoting United States v. Hyde, 520 U.S. 670, 676-77 , 117 S.Ct. 1630 , 137 L.Ed.2d 935…