United States v. Benito Perez
690 F. App'x 191
5th Cir.2017Background
- Perez pleaded guilty pursuant to a written plea agreement to conspiracy to distribute and possess with intent to distribute ≥50 grams of methamphetamine.
- Six weeks after the plea was entered and accepted by the district court, Perez moved to withdraw his guilty plea, asserting the plea was not voluntary and requesting a hearing to explain his reasons.
- The district court applied the Carr factors and denied the motion to withdraw without an evidentiary hearing.
- Perez did not assert actual innocence in his motion, and his court-colloquy contradicted his later claim of involuntariness.
- The district court found delay (six weeks) and other Carr factors weighed against withdrawal; Perez did not meaningfully contest those factors on appeal.
- Perez also argued the district court abused its discretion by not holding an evidentiary hearing; the court concluded he had not alleged sufficient facts that, if proven, would justify relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perez could withdraw his guilty plea | Perez: plea was involuntary; should be allowed to withdraw and given a hearing to explain reasons | Government: plea was knowing and voluntary; Perez’s in-court statements and delay defeat withdrawal | Denied — court found no fair and just reason to withdraw; district court did not abuse discretion |
| Whether an evidentiary hearing was required on the motion to withdraw | Perez: attorney’s motion was undeveloped; hearing needed to develop facts supporting withdrawal | Government: defendant failed to allege sufficient facts that, if proven, would justify relief | Denied — no hearing required because Perez did not allege sufficient facts to justify relief |
Key Cases Cited
- United States v. McKnight, 570 F.3d 641 (5th Cir. 2009) (standard of review for denial of motion to withdraw plea)
- United States v. Carr, 740 F.2d 339 (5th Cir. 1984) (factors to consider when ruling on plea-withdrawal motions)
- Blackledge v. Allison, 431 U.S. 63 (1977) (presumption of truth for defendant’s sworn statements at plea colloquy)
- United States v. Powell, 354 F.3d 362 (5th Cir. 2003) (hearing required only if defendant alleges sufficient facts that, if proven, would justify relief)