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United States v. Patel

October 19, 2006

UNITED STATES OF AMERICA,
v.
ASHFAQUE PATEL.



The opinion of the court was delivered by: S. Arthur Spiegel United States Senior District Judge

OPINION AND ORDER

This matter is before the Court on Defendant's Motion to Withdraw Plea Pursuant to Crim. R. 11(d)(2)(B) (doc. 47), and the government's Memorandum in Response (doc. 50). The Court heard oral arguments on this matter on October 18, 2006. For the reasons stated herein, the Court DENIES Defendant's motion.

I. Discussion

On August 1, 2006, Defendant entered a guilty plea before this Court on a charge of conspiring to defraud the United States, in violation of 18 U.S.C. § 371 (doc. 49). The plea was entered pursuant to a plea agreement reached between Defendant and the United States (Id.). On August 30, 2006, Defendant filed the present motion, moving the Court for leave to withdraw the August 1, 2006 plea (doc. 47).

A. Applicable Legal Standard

Rule 11(d)(2)(B) gives the Court discretion to allow a defendant to withdraw a plea of guilty if that defendant has demonstrated a "fair and just" reason. The Court is to assess seven factors in making this determination:

(1) the amount of time that elapsed between the plea and the motion to withdraw it;

(2) the presence (or absence) of a valid reason for the failure to move for withdrawal earlier in the proceedings;

(3) whether the defendant has asserted or maintained his innocence;

(4) the circumstances underlying the entry of the guilty plea;

(5) the defendant's nature and background;

(6) the degree to which the defendant has had prior experience with the criminal justice system, and

(7) any potential prejudice to the government if the motion to ...


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