United States v. Theodore D. Rogers and Winfred Owens

RIPPLE, Circuit Judge.

Pursuant to a plea agreement, Theodore Rogers pleaded guilty to one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). The plea agreement required him to testify at the trial of Winfred Owens. He later filed a motion to withdraw his guilty plea; the district court denied the motion. He now appeals that decision.

Mr. Rogers did testify at Mr. Owens’ trial, and based in part on his testimony, Winfred Owens was convicted of multiple drug trafficking offenses in violation of 21 U.S.C. §§ 841(a)(1) and 843(b), and of 18 U.S.C. § 1952.…