Cañas

MEMORANDUM **

Nelson Cañas appeals his conviction and sentence, following a guilty plea, for conspiring to manufacture, distribute, and possess with intent to distribute more than 1,000 marijuana plants in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), 846 and 18 U.S.C. § 2 . In the plea agreement, Cañas waived his right to appeal. The district court sentenced him to the statutory minimum of ten years imprisonment after finding that he was ineligible, due to his criminal history, for safety valve relief under 18 U.S.C. § 3553 (f). During plea negotiations, both counsel incorrectly believed that Cañas’s criminal history was within the requirements for safety valve relief. The government produced discovery that included apparently contradictory information about whether Cañas had any prior convictions. Defense counsel relied upon the government’s information and representations by Cañas that he had no prior convictions. She did not investigate the issue further.

Cañas challenges the validity of the plea, the district court’s refusal to allow withdrawal of the plea, and the district court’s decision not to hold an evidentiary hearing on the amount of marijuana for which he was…