United States v. Garcia-Nunez, No. 21-1419 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court denying Defendant's motion to withdraw his plea of guilty to possession of a firearm in furtherance of a drug trafficking crime, holding that the district court did not err.
Defendant was charged with two counts related to his possession of a gun and other items suggestive of drug trafficking and pled guilty to one of the counts. Defendant subsequently moved to withdraw his plea, claiming that he was legally and factually innocent and that the government's evidence did not support his conviction. The district court denied the motion and proceeded to sentence Defendant to seventy-two months' imprisonment. The First Circuit affirmed, holding that, under the facts of this case, the district court did not err in denying Defendant's motion to withdraw his guilty plea.
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