United States v. Francisco Rubio-Perez

MEMORANDUM

Francisco Rubio-Perez appeals his conviction and sentence following his guilty plea for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). He also appeals the district court’s ruling that he was ineligible for the 18 U.S.C. § 3553 (f) “safety valve” when being sentenced. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Federal Rule of Criminal Procedure 11(d)(2)(B) allows the withdrawal of a guilty plea prior to sentencing if “the defendant can show a fair and just reason for requesting the withdrawal.” “The decision to allow a defendant to withdraw his plea, however, lies within the discretion of the district court.” United States v. Ruiz, 257 F.3d 1030, 1033 (9th Cir.2001) (en banc). A denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion. United States v. Nostratis, 321 F.3d 1206, 1208 (9th Cir.2003).

The district court did not abuse its discretion in denying Rubio-Perez’s motion to withdraw his guilty plea, which he entered pursuant to a plea agreement. The district court rejected Rubio-Perez’s claim that his counsel tricked him into pleading guilty, that…