Castellanos
United States v. Castellanos
Opinion
Lead Opinion
*407 MEMORANDUM **
Mariana Portillo Castellanos appeals her conviction and 120-month sentence for conspiracy to distribute and possess with intent to distribute cocaine and cocaine base, attempted possession of cocaine with intent to distribute, and attempted possession of cocaine base with intent to distribute, all in violation of 21 U.S.C. §§ 841 (a)(1) and 846. 1 We have jurisdiction to review Castellanos’ convictions pursuant to 28 U.S.C. § 1291 , however we lack jurisdiction to review her sentencing claim. We affirm in part, and dismiss in part.
Castellanos first contends that the district court erred by denying her motion to withdraw her guilty plea. We are not persuaded. The district court has the sound discretion to allow withdrawal of a plea before sentencing, if the defendant can establish a fair and just reason. See Fed.R.Crim.P. 32(e); United States v. Al-ber, 56 F.3d 1106,1111 (9th Cir.1995).
Castellanos claims that she should have been allowed to withdraw her plea because her attorney misled her to believe that she would not receive the ten-year mandatory minimum sentence. This claim is belied by the record, especially in light of the fact that the district court…