United States v. Cheng Koy Saecho

MEMORANDUM *

Following a bench trial, the district court convicted and sentenced Cheng Koy Saechao for conspiracy to attempt to import opium, in violation of 21 U.S.C. § 963 , attempt to import opium, in violation of 21 U.S.C. § 963 , and facilitating transportation of smuggled goods, in violation of 18 U.S.C. § 545 . Saechao raises three arguments on appeal. First, he contends that the district court erred in allowing the government to withdraw from a plea agreement negotiated by the two parties. Second, Saechao argues that his waiver of a jury trial was not voluntarily, knowingly, and intelligently made. Third, Saechao contends that he should have been granted a two point reduction under the Sentencing Guidelines for “acceptance of responsibility.” We reject these arguments and affirm.

Either party may withdraw from a plea agreement before it is approved and accepted by the court. United States v. Savage, 978 F.2d 1136, 1138 (9th Cir.1992) (“[N]either the defendant nor the government is bound by a plea agreement until it is approved by the court.”); see also United States v. Fagan, 996 F.2d 1009, 1013 (9th Cir.1993) (“A plea agreement that has not been entered and accepted by…