Summary
The Fifth Circuit affirmed the denial of a motion to withdraw a guilty plea, applying the **seven-factor Carr test** under **Federal Rule of Criminal Procedure 11(d)(2)(B)**. The defendant's **10-month delay** in moving to withdraw, his **equivocal and unsupported assertion of innocence**, and the **knowing and voluntary nature of the plea** weighed heavily against withdrawal. The court held that the district court did not **abuse its discretion** because the defendant failed to show a "fair and just reason" for withdrawal, particularly given the lengthy delay and lack of factual support. The case addresses **guilty plea withdrawal standards**, **delay**, and **insufficient assertion of innocence**.
Topics
Practice areas
Questions Presented
- Whether the district court erred in denying Teran's motion to withdraw his guilty plea.
Holdings
- The district court did not abuse its discretion in denying the motion because Teran's delay, equivocal assertion of innocence, knowing and voluntary plea, and lack of argument on prejudice and inconvenience supported the denial.
Key quotations
“A defendant may withdraw his guilty plea after it is accepted by the district court and prior to sentencing for 'any fair and just reason.'” (2)
“There is no absolute right to withdraw a guilty plea.” (2)
“In reviewing the denial of a motion to withdraw a guilty plea, this court traditionally considers seven relevant, nonexclusive factors: whether the defendant asserted his innocence; whether withdrawal would prejudice the Government; whether the defendant delayed in filing the withdrawal motion; whether withdrawal would inconvenience the court; whether adequate assistance of counsel was available; whether the plea was knowing and voluntary; and whether withdrawal would waste judicial resources.” (2)
“We review the district court's decision on this issue for an abuse of discretion.” (2)
“Given the basis of Teran's motion to withdraw and his arguments in support, Teran's lengthy delay from October 2016, when he pleaded guilty, until August 2017, when he filed the instant motion to withdraw his guilty plea, does not warrant withdrawal of the guilty plea.” (2-3)
“The judgment of the district court is AFFIRMED.” (3)
Factual background
Teran was charged with possession with intent to distribute approximately 15.66 kilograms of methamphetamine. He pleaded guilty in October 2016. In August 2017, he moved to withdraw his guilty plea. The district court denied the motion.
Procedural history
Teran pleaded guilty in October 2016. In August 2017, he moved to withdraw his guilty plea. The district court denied the motion. Teran appealed.