United States v. Antonio Guzman , 404 F. App'x 925 ( 2010 )


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  •      Case: 10-10156 Document: 00511325248 Page: 1 Date Filed: 12/17/2010
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    December 17, 2010
    No. 10-10156
    Summary Calendar                         Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    ANTONIO M. GUZMAN, also known as Compadre,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:08-CR-229-1
    Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Antonio M. Guzman pleaded guilty to conspiracy to possess with the intent
    to distribute and distribution of cocaine and was sentenced to 235 months of
    imprisonment and five years of supervised release. He argues on appeal that the
    district court abused its discretion in denying his motion to withdraw his guilty
    plea. He contends that he was entitled to have his plea withdrawn because his
    plea was unknowing and involuntary as he was being sentenced on information
    *
    Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
    R. 47.5.4.
    Case: 10-10156 Document: 00511325248 Page: 2 Date Filed: 12/17/2010
    No. 10-10156
    that was not contained within the indictment and that was not seized within the
    time period of the conspiracy as defined by the indictment.
    When determining whether to allow a defendant to withdraw his guilty
    plea, the district court should consider whether: (1) the defendant has asserted
    his innocence; (2) withdrawal would prejudice the Government; (3) the defendant
    has delayed in filing his withdrawal motion; (4) withdrawal would substantially
    inconvenience the court; (5) close assistance of counsel was available; (6) the
    original plea was knowing and voluntary; and (7) withdrawal would waste
    judicial resources. United States v. Carr, 
    740 F.2d 339
    , 343-44 (5th Cir. 1984).
    Guzman has not shown that the district court abused its discretion in
    determining that he was not entitled under the Carr factors to have his guilty
    plea withdrawn.    See 
    id.
       Furthermore, because Guzman’s guilty plea was
    knowing and voluntary, the appeal waiver therein that the Government seeks
    to invoke bars Guzman’s claim on appeal that his sentence is unreasonable.
    AFFIRMED.
    2
    

Document Info

Docket Number: 10-10156

Citation Numbers: 404 F. App'x 925

Judges: Clement, Dennis, Per Curiam, Reavley

Filed Date: 12/20/2010

Precedential Status: Non-Precedential

Modified Date: 8/3/2023