United States v. Abel De Leon

JERRY E. SMITH, Circuit Judge:

Abel De Leon signed an agreement pleading guilty of receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) and (b). Yet at his initial sentencing hearing, De Leon claimed that he lacked the requisite mens rea, that the government had entrapped him, and that the factual basis of the plea was inaccurate. The court offered to schedule a trial, and De Leon welcomed the proposal. At the pretrial conference, however, De Leon again changed his mind and pleaded guilty under the original agreement. Now on appeal he insists that the district court committed…