United States v. Corderro Cody, 16-1634

Cody was indicted on sex-trafficking charges (initial and superseding indictments expanding counts to 15, including counts involving minors).
Defense counsel (FDO) used an investigator who improperly communicated with a victim in violation of a court order; the court appointed independent counsel to speak with Cody about counsel choices; Cody declined new counsel.
Government produced Jencks Act grand jury transcripts shortly before trial; defense counsel reviewed the transcripts with Cody, who then accepted a Rule 11(c)(1)(C) plea offering 360 months (vs. life) and signed a plea with a broad appellate waiver (preserving only limited § 2255 ineffective-assistance claims and expressly waiving claims based on the investigator’s misconduct).
District Court conducted a thorough colloquy, found the plea and waiver knowing and voluntary, and accepted the binding plea agreement.
After sentencing, Cody moved to withdraw his plea claiming innocence as to force, fraud, or coercion, coercion by threat of life sentence, and insufficient time to decide; the District Court denied the motion and sentenced Cody to 360 months; Cody appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cody may withdraw his guilty plea under Rule 11(d)(2)	Cody contends he is innocent of coercion/force, was coerced by threat of life sentence, and lacked time to consider plea	Govt argues plea was knowing, voluntary, supported by extensive factual admissions and colloquy, and withdrawal would prejudice govt	District Court did not abuse discretion; denial affirmed (no fair and just reason shown)
Whether investigator misconduct or conflict vitiates plea/waiver	Cody argued investigator’s improper contacts undermined counsel and could support withdrawal/ineffective-assistance claims	Govt and District Court found counsel’s advice was adequate, waiver covered claims, and Cody knowingly waived relief based on the investigator except limited § 2255 claims	Court held plea waiver was knowing/voluntary and enforcement would not cause miscarriage of justice; waiver upheld

United States v. Jones, 336 F.3d 245 (3d Cir. 2003) (standard and factors for evaluating motions to withdraw guilty pleas)