United States v. Cruz
2011 U.S. App. LEXIS 13802
| 8th Cir. | 2011Background
- In Oct 2009, police stopped Cruz and found about 2.5 pounds of meth in a vehicle with Gonzalez.
- A grand jury indicted Cruz and Gonzalez on drug charges; motions to suppress evidence and to sever were denied.
- On Feb 25, 2010, Cruz pled guilty to conspiracy to distribute 500g+ meth; the government dismissed a second charge and agreed not to seek enhanced punishment.
- A magistrate judge conducted a change-of-plea hearing on Feb 26, 2010, finding the plea knowingly, voluntarily, and intelligently; the judge advised on sentencing consequences.
- On Apr 13, 2010, Cruz moved to withdraw the plea and replace counsel; new counsel was appointed and a hearing held; he claimed innocence, ineffective assistance, coercion, and confusion.
- The district court denied withdrawal; Cruz was sentenced to 300 months; this court affirmed the judgment on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cruz showed a fair and just reason to withdraw his plea. | Cruz argues ineffective assistance, confusion, pressure, and innocence. | Govt contends no fair and just reason based on the record. | No abuse of discretion; no fair and just reason shown. |
| Whether counsel's performance could justify withdrawal. | Counsel failed to pursue alleged agent lies and misrepresentations. | Failure to pursue minor discrepancies is not deficient performance. | Not deficient; no prejudice shown. |
| Whether Cruz was confused at the plea hearing due to cold medication. | Medication affected understanding and functioning. | Record shows Cruz understood proceedings. | No abuse; record supports understanding. |
| Whether the claimed innocence undermines the withdrawal decision. | Cruz is innocent; admissions were untrue. | Conclusive indictments of guilt; no clear evidence of false admissions. | Conclusory innocence assertion insufficient to withdraw. |
Key Cases Cited
- United States v. Alvarado, 615 F.3d 916 (8th Cir. 2010) (abuse of discretion standard for withdrawal of guilty plea)
- United States v. Rollins, 552 F.3d 739 (8th Cir. 2009) (fair and just reasons for plea withdrawal; factors balancing)
- United States v. Ramirez-Hernandez, 449 F.3d 824 (8th Cir. 2006) (considerations of time and prejudice in withdrawal decisions)
- United States v. McMullen, 86 F.3d 135 (8th Cir. 1996) (deficient performance and prejudice standard for withdrawal)
- United States v. McNeely, 20 F.3d 886 (8th Cir. 1994) (partial record support for no abuse of discretion)
- United States v. Sampson, 606 F.3d 505 (8th Cir. 2010) (innocence assertions insufficient to justify withdrawal)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; deficient performance and prejudice)