Lopez-Reyes
United States v. Lopez-Reyes
Opinion
lead Opinion
Rhoades, J.
ORDER DENYING MOTION TO WITHDRAW GUILTY PLEA
This matter is before the Court on Defendant Javier Lopez-Reyes’ motion to withdraw his guilty plea. For the reasons stated below, the motion is denied.
I. Background
On January 26, 1996, Defendant pleaded guilty to Count One of an indictment charging him with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Defendant pleaded guilty pursuant to a signed plea agreement which was filed January 29,1996. The Court conducted a Rule 11 hearing, and finding that the plea had been “freely and voluntarily made” and that the defendant had a “full understanding of the charges and consequences of the plea,” the plea was entered. The plea agreement was ordered filed and sentencing was set for April 15, 1996. Sentencing was then continued to June 24, 1996. On June 13,1996, Defendant filed the instant motion to withdraw his guilty plea.
II. Discussion
A. Withdrawal Without a “Fair and Just” Reason
Lopez-Reyes contends that a defendant is entitled to withdraw a guilty plea anytime prior to sentencing without establishing “fair and just” reasons. Defendant relies on three Ninth Circuit cases for this…