United States v. Andrew Rodman McGahey

McGahey appeals from a denial by the District Court of his motion after imposition of sentence to withdraw his plea of guilty to five counts of mail fraud in violation of 18 U.S.C. § 1341 . The motion is based on Rule 32(d), Federal Rules of Criminal Procedure. An evidentiary hearing was held by the District Court which held that appellant’s contentions were not supported by the facts developed. He asserts that his plea was not made knowingly and voluntarily; that his plea was based on his expectation of leniency resulting from plea negotiations between his appointed attorney and the assistant United States attorney, and the mistaken advice of his inexperienced attorney that the court would sentence him in accordance with the recommendation of the United States attorney to a period of incarceration equal to the four months he had spent in jail awaiting trial. The court, instead, gave him a much heavier jail sentence. We affirm.

At the time of plea, the court fully advised appellant of the consequences of the plea and of the potential maximum sentence of twenty-five years should the sentences be ordered to run consecutively, and that the court would reserve de-cisión on sentencing…