Filed: May 31, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-10047 No. 95-10076 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS HECTOR ALFREDO MARTINEZ, Defendant-Appellant. * * * * * * * * * UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS JAIRO MARTINEZ, Defendant-Appellant. Appeal from the United States District Court For the Northern District of Texas (3:94-CR-043-R) May 21, 1996 Before WIENER, PARKER and DENNIS, Circuit Judges. Per curiam:* Appellants Jairo Martine
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-10047 No. 95-10076 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS HECTOR ALFREDO MARTINEZ, Defendant-Appellant. * * * * * * * * * UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS JAIRO MARTINEZ, Defendant-Appellant. Appeal from the United States District Court For the Northern District of Texas (3:94-CR-043-R) May 21, 1996 Before WIENER, PARKER and DENNIS, Circuit Judges. Per curiam:* Appellants Jairo Martinez..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-10047
No. 95-10076
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
HECTOR ALFREDO MARTINEZ,
Defendant-Appellant.
* * * * * * * * *
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
JAIRO MARTINEZ,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:94-CR-043-R)
May 21, 1996
Before WIENER, PARKER and DENNIS, Circuit Judges.
Per curiam:*
Appellants Jairo Martinez and Hector Martinez challenge their
convictions based the district court's refusal to allow them to
withdraw their guilty pleas at the sentencing hearing. We affirm.
Hector Martinez argues that the district court should have
allowed him to withdraw his plea of guilty because he repudiated
the plea before it was formally accepted by the district court. He
did not make this argument before the district court. Hector
Martinez sought to withdraw his plea to misprision of a felony on
the ground he had not engaged in the related conspiracy. We find
no plain error in the district court's refusal to allow appellant
to withdraw his plea. See United States v. Calverly,
37 F.3d 160,
162-64 (5th Cir. 1994)(en banc), cert. denied,
115 S. Ct. 1266
(1995).
Jairo Martinez argues that the district court should have
allowed him to withdraw his plea of guilty because his counsel
failed to advise him that an amendment to the sentencing
guidelines, which became effective after he entered his plea, made
his plea bargain less desirable. Unlike Hector Martinez, Jairo
Martinez addressed his claim to the district court. When, as here,
a defendant is aware of his potential prison term, his plea is not
involuntary simply because he misunderstands the Sentencing
Guidelines' effect upon the computation of his sentence. United
States v. Young,
981 F.2d 180, 184 (5th Cir. 1992), cert. denied,
113 S. Ct. 2454, 2983 (1993). We find no abuse of discretion in
the district court's denial of Jairo Martinez's motion to withdraw
his plea.
Finally, Jairo Martinez argues that double jeopardy bars his
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
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prosecution because he stipulated to a forfeiture pursuant to 21
U.S.C. ยง 881(a)(6). This contention is without merit. See United
States v. Tilley,
18 F.3d 1295 (5th Cir.), cert. denied,
115 S. Ct.
573 (1994).
For the foregoing reasons, the convictions of Hector Martinez
and Jairo Martinez are AFFIRMED.
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