Martinez-Diaz

MEMORANDUM **

The appellant Martinez-Diaz appeals his sentence after pleading guilty to a violation of 8 U.S.C. § 1326 (a), illegal reentry after deportation. Martinez-Diaz claims that the court improperly granted his request to withdraw his prior plea without a “fair and just reason” for doing so; that the court impermissibly participated in plea negotiations in violation of Rule 11(e)(1); and that the government failed to show by clear and convincing evidence that the ap *738 pellant had “an aggravated predeportation felony” warranting a twelve level increase in his sentence.

After an information was filed on November 21, 2000 charging Martinez-Diaz with illegal reentry, he entered into a plea agreement with the government and pleaded guilty. Martinez-Diaz later made a motion to withdraw his plea, which was granted. Martinez-Diaz now claims that the judge erred in granting him a withdrawal without a “fair and just reason.” United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995). However, the law in our circuit does not require a fair and just reason to withdraw from a plea agreement before the court has accepted the plea. See United States v. Alvarez-Tautimez, 160 F.3d 573,…