Vu
United States v. Vu
Opinion
Lead Opinion
*260 MEMORANDUM **
In these consolidated appeals, Michael Vu appeals in no. 01-10015 his jury-trial conviction and 33-month sentence for interstate and foreign transportation of stolen property, in violation of 18 U.S.C. § 2314 , and in no. 01-10016, his guilty-plea conviction and concurrent 37-month sentence for wire fraud, in violation of 18 U.S.C. § 1343 . Vu’s lawyer has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Vu has filed a pro se supplemental brief.
In his pro se brief, Vu contends that his wire fraud conviction and sentence should be vacated because the government engaged in misconduct or breached the plea agreement by making oral promises in order to induce a guilty plea and then not following through on those promises. However, the record does not support Vu’s claim. There is no evidence of the alleged oral agreement, merely Vu’s statement on appeal that the promises were made. In addition, at the change-of-plea hearing, Vu stated under oath in open court that no promises other than those in the written plea agreement had been made, and the plea agreement contains…