U.S. v. Garcia, 2:18-cr-68-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20181113j77
Visitors: 20
Filed: Nov. 09, 2018
Latest Update: Nov. 09, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendant Juan Carlos Alfaro Garcia's Motion to Withdraw Plea of Guilty (Doc. 36) and Motion to Continue (Doc. 37). Defendant initially pled not guilty to violating 8 U.S.C. 1326(a) and (b)(1). (Doc. 15). He then signed a plea agreement. (Doc. 36 at 3). But, before Defendant's change of plea hearing, he filed the instant motion. And he wants to withdraw his so-called guilty plea because another district court recent
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Defendant Juan Carlos Alfaro Garcia's Motion to Withdraw Plea of Guilty (Doc. 36) and Motion to Continue (Doc. 37). Defendant initially pled not guilty to violating 8 U.S.C. 1326(a) and (b)(1). (Doc. 15). He then signed a plea agreement. (Doc. 36 at 3). But, before Defendant's change of plea hearing, he filed the instant motion. And he wants to withdraw his so-called guilty plea because another district court recentl..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Defendant Juan Carlos Alfaro Garcia's Motion to Withdraw Plea of Guilty (Doc. 36) and Motion to Continue (Doc. 37). Defendant initially pled not guilty to violating 8 U.S.C. § 1326(a) and (b)(1). (Doc. 15). He then signed a plea agreement. (Doc. 36 at ¶ 3). But, before Defendant's change of plea hearing, he filed the instant motion. And he wants to withdraw his so-called guilty plea because another district court recently dismissed an indictment on a charge like the one Defendant faces here. (Doc. 36 at ¶ 4-5).
Even setting aside this case's procedural history, a "[a] defendant has an absolute right to withdraw a guilty plea before the district court accepts it." United States v. Villalona, 506 F. App'x 902, 904 (11th Cir. 2013). And because this Court has not yet accepted his guilty plea, Defendant may withdraw a guilty plea "for any reason or no reason." Fed. R. Crim. P. 11(d)(1). The Court thus will set this case for a status conference on November 13, 2018.
Accordingly, it is now
ORDERED:
(1) Defendant Juan Carlos Alfaro Garcia's Motion to Withdraw Plea of Guilty (Doc. 36) is GRANTED.
(2) Defendant Juan Carlos Alfaro Garcia's Motion to Continue (Doc. 37) is GRANTED.
(3) The above-captioned case is set for a status conference on November 13, 2018, at 9:30 a.m. before the Honorable John E. Steele, Senior United States District Judge, in Courtroom 6A of the United States Courthouse and Federal Building, 2110 First Street, Fort Myers, Florida 33901.
(4) The Clerk is DIRECTED to issue a notice of hearing under separate cover.
DONE AND ORDERED.
FootNotes
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Source: Leagle
