Rangel

United States v. Rangel

Good Law
279 F. App'x 433
United States Court of Appeals for the Ninth CircuitMay 16, 2008No. 06-50681California450 words

Opinion

Lead Opinion

MEMORANDUM ***

Joe Morin Rangel appeals the district court’s denial of his motion to withdraw his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On August 18, 2006, pursuant to a written agreement with the government, Ran-gel pleaded guilty to conspiracy to conduct a racketeering enterprise in violation of 18 U.S.C. § 1962 (d), conspiracy to possess with intent to distribute and distributing at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 , and distributing more than 500 grams of cocaine in violation of 21 U.S.C. § 841 . After a thorough plea colloquy with Rangel, the court accepted his plea. On October 27, 2006, Rangel filed a motion to withdraw his guilty plea. On November 27, 2006, the district court denied Rangel’s motion and imposed a 292 month sentence.

Rangel argues that the district court erred in denying his motion because he sufficiently established a “fair and just” reason for seeking to withdraw his plea. We disagree. Under Federal Rule of Criminal Procedure 1 1(d)(2)(B), a defendant may withdraw a guilty plea after it has been accepted but before sentencing if he “can show a fair and just reason for requesting…

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