United States v. McCoy, Michael

Opinion for the Court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge HENDERSON.

GINSBURG, Circuit Judge:

Michael McCoy pleaded guilty to conspiring to distribute and to possess with intent to distribute cocaine base. Prior to sentencing, however, McCoy moved to withdraw his plea. The district court denied the motion and sentenced McCoy to 262 months in prison, to be followed by five years of supervised release. Upon appeal McCoy contends that the district court abused its discretion by denying his request to withdraw his plea.

We find McCoy’s plea was not voluntary,…