United States v. Fuentes-Moreno

321 F. Supp. 3d 282
CourtUnited States District Court
DecidedAugust 7, 2018
DocketCriminal No. 17-167 (FAB)
StatusPublished

This text of 321 F. Supp. 3d 282 (United States v. Fuentes-Moreno) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Fuentes-Moreno, 321 F. Supp. 3d 282 (usdistct 2018).

Opinion

BESOSA, District Judge.

Defendant Freddie Fuentes-Moreno ("Fuentes") moves to withdraw his guilty plea. (Docket No. 119.) For the reasons set forth below, the Court DENIES Fuentes's motion.

I. Background

On February 4, 2017, Fuentes, José Cabret-Pacheo, Emilio José Soto-Maldonado, and Luis Ramos-Marrero (collectively, "defendants") robbed a Puma gasoline station and an El Económico supermarket. (Docket Nos. 101, 102, 113 and 116.) Subsequently, a federal grand jury returned a second superseding indictment charging the defendants with two counts of robbery in violation of 18 U.S.C. § 1951, two counts of brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii), and one count of possessing a firearm and ammunition after being convicted of a crime punishable by a term of imprisonment exceeding one year in violation of 18 U.S.C. § 922(g)(1). (Docket No. 65.)1

*284Fuentes and the United States entered into a plea agreement on June 11, 2018. (Docket No. 114.) The next day, Fuentes pled guilty to both robbery counts of the second superseding indictment. Id. at pp. 1-2; Docket No. 113. The United States moved to dismiss the remaining firearm-related counts. (Docket No. 113.) As of this date, all defendants have pled guilty and are awaiting sentencing. (Docket Nos. 101, 102, 113 and 116.)

Fuentes seeks to withdraw his guilty plea for two reasons. (Docket No. 119.) First, Fuentes asserts that the deadline to request a change of plea pressured him to accept the plea agreement. Id. Second, Fuentes challenges the plea agreement because the stipulation of facts refers to his codefendants. Id. The arguments set forth by Fuentes are unavailing.

II. Discussion

Federal Rule of Criminal Procedure 11 (" Rule 11") permits a defendant to withdraw a guilty plea after the Court accepts the plea, but prior to sentencing, if he or she "can show a fair and just reason for requesting the withdrawal." Fed. R. Crim. P. 11(d)(2)(B). "[A] defendant does not have an automatic right to withdraw a plea [prior to sentencing]." United States v. Pagán-Ortega, 372 F.3d 22, 28 (1st Cir. 2004). Pleas entered in accordance with Rule 11"create an extremely heavy burden for a defendant to overcome." United States v. Fernández-Santos, 126 F.Supp.3d 160, 164 (D.D.C. 2015) (Besosa, J.) (citation omitted).

To determine whether withdrawal of a defendant's guilty plea is fair and just, courts consider: "whether the plea was voluntary, intelligent, knowing and in compliance with Rule 11 ; the strength of the reasons offered in support of the motion; whether there is a serious claim of actual innocence; the timing of the motion; and any prejudice to the government if the withdrawal is allowed." United States v. Isom, 580 F.3d 43, 52 (1st Cir. 2009) (citing United States v. Padilla-Galarza, 351 F.3d 594, 597 (1st Cir. 2003). No one factor is dispositive. Id.

A. No Fair and Just Reason Supports the Withdrawal of Fuentes's Guilty Plea

At the change of plea hearing, Fuentes "was advised of the maximum penalties he [faced], his constitutional rights, the consequences of waiving his constitutional rights and the applicable statutory guidelines." (Docket No. 116.) Fuentes "understood the charges against him and the spectrum of possible penalties to which an admission of guilt [would] expose him." Id.; United States v. Jiménez, 512 F.3d 1, 3-4 (1st Cir. 2007) (noting that "[a] defendant's acknowledgment, during a change-of-plea proceeding, that he understands a lucid explanation of his potential sentencing exposure is powerful evidence of the knowing nature of his guilty plea"). Accordingly, the representations Fuentes made to the Court during his change of plea hearing demonstrate that his guilty plea was voluntary, intelligent and knowing. He does not dispute this proposition.

Fuentes nonetheless argues that because the United States tendered its final plea offer the night before the deadline for change of plea motions, he had only the day of the change of plea hearing to review the plea agreement. (Docket No. 119 at p. 1.) Time constraints, however, are inherent in all plea negotiations between *285the United States and criminal defendants. Indeed, "the strategic decision to plead guilty [is] not rendered involuntary by the anxieties and time pressures confronting [defendants] ... and hardly exceptional enough to evince an overbearing of [his or her] will or ... [to] preclude[ ] a rational assessment of the available options." United States v. Marrero-Rivera, 124 F.3d 342, 350 (1st Cir.

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Related

United States v. Muriel
111 F.3d 975 (First Circuit, 1997)
United States v. Marrero Rivera
124 F.3d 342 (First Circuit, 1997)
United States v. Padilla-Galarza
351 F.3d 594 (First Circuit, 2003)
United States v. Pagan-Ortega
372 F.3d 22 (First Circuit, 2004)
United States v. Jimenez
512 F.3d 1 (First Circuit, 2007)
United States v. Isom
580 F.3d 43 (First Circuit, 2009)
Doe v. Cabrera
126 F. Supp. 3d 160 (District of Columbia, 2015)

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Bluebook (online)
321 F. Supp. 3d 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fuentes-moreno-usdistct-2018.