U.S. v. SOTO

No. 10-3307.

660 F.3d 1264 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Osbaldo Armendariz SOTO, a/k/a Santiago Maldonado-Valenzuela, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 2011.


Attorney(s) appearing for the Case

Submitted on the briefs*:

Dionne M. Scherff , Erickson Scherff, LLC, Overland Park, Kansas, for Defendant-Appellant.

Barry R. Grissom , United States Attorney, and James A. Brown , Assistant United States Attorney, Topeka, Kansas, for Plaintiff-Appellee.

Before GORSUCH, HOLLOWAY, and McKAY, Circuit Judges.


GORSUCH, Circuit Judge.

Must a district court allow a defendant to withdraw his guilty plea—even when the request is based on a lie? Unsurprisingly, we hold the answer is no. The law does not permit anyone to compel judicial action based on intentionally false statements.

This case began with Cesar Osbaldo Armendariz Soto facing an indictment for his involvement in a drug distribution conspiracy. The government charged him with, among other things,...

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