United States v. Leyva

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The DC Circuit affirmed the district court's denial of defendant's motion to withdraw his guilty plea and affirmed the district court's judgment. In this case, defendant pleaded guilty to conspiracy to distribute cocaine and methamphetamine in the United States and then later sought to withdraw his guilty plea.The court held that defendant's plea proceeding substantially complied with the requirements of Federal Rule of Criminal Procedure 11 and that any deviations were harmless; the district court communicated the essential information required by Rule 11(b)(1)(M); and defendant had actual notice of the possibility of forfeiture through the indictment. The court also held that the fact that defendant did not assert a viable claim of innocence lends further support to the district court's decision not to allow him to withdraw his guilty plea. As to sentencing issues, the court held that the district court did not err by applying 12 points in sentencing enhancements and in denying defendant a three point adjustment for acceptance of responsibility. Finally, the court rejected defendant's challenges to the forfeiture element of his sentence. View "United States v. Leyva" on Justia Law