Alarcon-Martinez
United States v. Alarcon-Martinez
Opinion
Lead Opinion
MEMORANDUM **
Anastasio Alarcon-Martinez appeals his jury conviction and seventy-one month sentence for illegal reentry and attempted reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.
Alarcon-Martinez first contends that the district court erred when it granted his request to withdraw from his guilty plea and to appoint new counsel. We review for abuse of discretion and find none. See United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987). The record reveals that Alarcon-Martinez identified several fair and just reasons for seeking to withdraw from his plea agreement. See Id.
Second, Alarcon-Martinez argues that the district court improperly participated in discussions about the plea agreement in violation of Fed.R.Crim.P. 11(e)(1)(C). A review of the record reveals that the district court repeatedly told Alarcon-Martinez that it was his decision whether to proceed with the plea agreement and that it did not pressure Alarcon-Martinez into pleading guilty. See United States v. Andrade-Larrios, 39 F.3d 986, 989 (9th Cir.1994) (stating that the essential inquiry this court should undertake is…