U.S. v. FERNANDEZ

No. 89 Cr. 199 (JMW).

734 F.Supp. 599 (1990)

UNITED STATES of America, Plaintiff, v. Jose FERNANDEZ, Defendant.

United States District Court, S.D. New York.

March 7, 1990.


Attorney(s) appearing for the Case

Maurice Sercarz, Sercarz, Schechter & Lopez, Brooklyn, N.Y., for defendant.

Samuel Seymour, Asst. U.S. Atty., New York City, for U.S.


OPINION AND ORDER

WALKER, Circuit Judge1:

Defendant has moved, pursuant to Fed. R.Crim.P. 32(d), to withdraw his guilty plea entered on May 10, 1989. For the reasons set forth below, defendant's motion is denied.

I. BACKGROUND

On March 9, 1989, defendant Jose Fernandez ("Fernandez") was indicted with two co-defendants, Nelson Marte ("Marte") and Rafael Garcia-Flores ("Garcia-Flores"), in two counts for (1) conspiracy...

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