United States v. Muriel

BOWNES, Senior Circuit Judge.

Defendant-appellant Pedro Muriel appeals the district court’s denial of his motion to withdraw his plea of guilty. We affirm.

BACKGROUND

Muriel was arrested during the execution of a warrant to search his girlfriend’s apartment. When police entered the apartment on September 14, 1995, they found Muriel standing in a bedroom in his underwear and reaching toward the bed, upon which police found a loaded Smith and Wesson 10-millim-eter handgun under a pillow. Muriel claims that he was not reaching for the gun but for his pants.

Police had obtained the warrant to search…