United States v. Feliciano Sanchez

MEMORANDUM

Feliciano Sanchez (“Sanchez”) appeals his conviction by guilty plea to deprivation of constitutional rights under the color of law in violation of 18 U.S.C. § 242 . San chez is a former police officer for the City of Bell, California. The charge was based on his rape of Rosa Hernandez (“Hernandez”), a motorist he had pulled over for speeding. Sanchez contends that the district court erred in denying his motion to withdraw his guilty plea because there was credible evidence of his innocence. He also claims that the court erred at sentencing in failing to address the issue he raised of unwarranted sentencing disparity in six other cases. Conversely, the government contends that Sanchez waived his right to appeal his sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Sanchez argues that the district court erred in denying his motion to withdraw his guilty plea because he was innocent. “Fair and just reasons for withdrawal include inadequate plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.” United States v. Ortega-Ascanio, 376…