United States v. Jonathan Garrett

ALARCON, Circuit Judge:

Jonathan Garrett appeals from the denial of his motion to withdraw a guilty plea pursuant to Fed.R.Crim.P. 32(d). A hearing was held before Judge McGovern on August 20, 1981. The court denied the motion after testimony was taken and counsel had argued. Garrett was sentenced to custody for five years, fined $15,000 and received a special parole term of five years.

The sole question on appeal from a denial of a pre-sentence motion to withdraw a guilty plea that this court must address is whether the trial court abused its discretion. United States v. Vasquez-Velasco, 471…