Chavez
United States v. Chavez
Opinion
Lead Opinion
MEMORANDUM *
Defendant Luis Chavez appeals the district court’s order denying his motion to withdraw his guilty plea. Defendant was indicted for conspiracy to distribute, possession with intent to distribute, and actually distributing methamphetamine and/or cocaine in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A), (b)(1)(B); 21 U.S.C. § 846 ; and 18 U.S.C. § 2 . After Defendant pled guilty to the conspiracy charge, the district court adopted the government’s recommendation in the plea agreement and sentenced Defendant to the mandatory minimum sentence which, because of Defendant’s prior conviction for a felony drug offense, was 20 years in prison. 21 U.S.C. § 841 (b)(1)(A). The district court also granted the government’s motion to dismiss the remaining counts.
As the parties are familiar with the facts, we discuss only those necessary to our determination. We review de novo whether a district court has complied with Rule 11. United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998). We review a district court’s decision whether to grant a motion to withdraw a guilty plea for an abuse of discretion. United States v. Turnipseed, 159 F.3d 383, 387 (9th Cir. 1998).