United States v. Jonathan Garrett

Jonathan Garrett appeals from the denial of his motion to withdraw a guilty plea pursuant to Fed.R.Crim.P. 32(d). A hearing was held before Judge McGovern on August 20, 1981. The court denied the motion after testimony was taken and counsel had argued. Garrett was sentenced to custody for five years, fined $15,000 and received a special parole term of five years.

The sole question on appeal from a denial of a pre-sentence motion to withdraw a guilty plea that this court must address is whether the trial court abused its discretion. United States v. Vasquez-Velasco, 471 F.2d 294 (9th Cir.), cert. denied, 411 U.S. 970 , 93 S.Ct. 2163 , 36 L.Ed.2d 692 (1973). Garrett argues that such an abuse occurred because: (1) the government breached its plea agreement; and (2) the district court failed to advise him adequately of the direct consequences of his guilty plea. We disagree and affirm the district court.

I. Facts

Garrett signed a plea agreement with the government that stated, inter alia:

6. Mr. Garrett also acknowledges that:

Garrett was continued on the same bond and his sentencing was set for August 21, 1981, in Washington. The court also required Garrett to check in with the…