*1 Case 3:21-cr-02614-BAS Document 31 Filed 12/10/21 PageID.83 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) Case No. 21CR2614-BAS )
Plaintiff, ) )
V. )
) ORDER ALLOWING DEFENDANT ) TO WITHDRAW GUILTY PLEA RACHAEL MORENO, ) )
Defendant. ) GOOD CAUSE APPEARING, Rachael Moreno's guilty plea is set aside pursuant to Federal Rule of Criminal Procedure 1 l(d)(2)(B) which allows a defendant to withdraw a guilty plea "after the court accepts the plea, but before it imposes sentence if ... the defendant can show a fair and just reason for requesting the withdrawal." United States v. Garcia-Lopez, 903 F.3d 887, 891 (9th Cir. 2018); United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir. 2008). This Court finds that the "fair and just reason" here is for the parties to proceed on a superseding information and with a plea agreement reflecting the correct controlled substance involved in this case according to the newly received lab analysis.
IT IS HEREBY ORDERED. Dated: I/).) IO{ 2 f c~
HON~BLECYNTHIABASHANT