United States v. Rincon-Lopez

MEMORANDUM

Juan Rincon-Lopez (“Rincon-Lopez”) appeals the district court’s denial of his motion to withdraw his guilty plea to Possession of Methamphetamine with Intent to Distribute, in violation of 21 U.S.C. § 841 .

In order to withdraw a plea before sentencing, a defendant need only show a “fail' and just reason” for the withdrawal. Fed. R.Crim.P. 11(d)(2)(B); United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir.2005). Although this standard is generous and must be applied liberally, United States v. Bonilla, 637 F.3d 980, 983 (9th Cir.2011), a “change of heart” is not a fair and just reason for withdrawal of a plea, United States v. Turner, 898 F.2d 705, 713 (9th Cir.1990).

On appeal, Rincon-Lopez contends that his appearing before the court for the plea colloquy so soon after being advised of the plea agreement, coupled with the failure of the court to advise him of a $100 assessment and of the possibility of prosecution for perjury should he lie, created confusion that led him not to understand the nature and consequences of his plea. He also contends that his lawyer improperly pressured him into pleading guilty.

As the district court observed, the defendant had…