United States v. Graf, No. 15-2260 (7th Cir. 2016)
Annotate this CaseSecret Service agents observed Graf twice sell counterfeit U.S. currency to an informant. Under a plea agreement, Graf pled guilty to one charge of dealing in counterfeit currency, 18 U.S.C. 473. The court accepted Graf’s plea following a thorough colloquy. Graf later failed to appear for a bond revocation hearing and avoided law enforcement for several months. After his re‐arrest, Graf’s newly‐assigned lawyer told him about the possibility of moving to compel the government to disclose the identity of the confidential informant. Graf moved to withdraw his guilty plea so he could file such a motion. The district court denied the motion and sentenced Graf to 63 months in prison, at the high end of the Guidelines range. The Seventh Circuit affirmed, agreeing that Graf had not shown a “fair and just reason” for withdrawing his plea within the meaning of Federal Rule of Criminal Procedure 11(d)(2)(B). Graf had “not offered any reasons, much less any just reasons, why the disclosure of the confidential informant would have substantially altered the course of his case or the factual scenario to which Graf admitted his guilt.”
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