Cortes-Luis
United States v. Cortes-Luis
Opinion
Lead Opinion
*611 MEMORANDUM **
Bertin Cortes-Luis appeals the district court’s denial of his motion to withdraw his guilty plea and his subsequent sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm.
Cortes-Luis argues that the district court abused its discretion in denying his motion to withdraw his plea, contending that his plea was involuntary and that his counsel promised him a lower sentence. The district court found that his plea was knowing and voluntary.
During Cortes-Luis’s plea colloquy, the district court questioned him thoroughly about whether he was pleading guilty out of his own free will, whether anyone had promised him a certain sentence if he pled guilty, and whether he understood the consequences of his actions. It appears that Cortes-Luis sought to withdraw his guilty plea once he realized that his sentence could be greater than what he thought it would be. Under our case law, this is not a valid reason for withdrawal of a guilty plea. See United States v. Nostratis, 321 F.3d 1206, 1211 (9th Cir.2003) (“Defendants cannot plead guilty to test the weight of potential punishment and then withdraw their plea if the sentence is…