United States v. Baraka Betts

MEMORANDUM

Baraka Mtumi Rafiki Betts entered an open plea to three counts: (1) conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 ; (2) armed bank robbery in violation of 18 U.S.C. §§ 2113 (a), (d); and (3) use of a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c)(1)(A)(ii). Betts subsequently filed a motion to withdraw his guilty pleas for armed bank robbery (count two) and the firearm offense (count three). In the district court, Betts raised arguments regarding newly-discovered evidence and attorney representation that he has not renewed on appeal. Based on these arguments, Betts moved to withdraw his guilty pleas. The district court considered Betts’ proffered grounds and found, either taken together or individually, they did not establish a “fair and just reason” for withdrawal of the guilty pleas. We affirm.

Betts identifies two issues on appeal, both raised here for the first time. While Betts argues that abuse of discretion review is appropriate, we have previously established that plain error review is employed when new arguments are raised on appeal, even if the relief sought is the same as in the district court. United States v.…