United States v. Albarran, No. 17-2018 (2d Cir. 2019)Annotate this Case
Defendants Albarran and Vasquez pleaded guilty to charges of conspiracy to distribute heroin, and Albarran also pleaded guilty to possessing a firearm in furtherance of a drug trafficking crime.
The Second Circuit affirmed Vasquez's 151 month sentence, holding that the district court did not abuse its discretion by assessing the 18 U.S.C. 3553(a) sentencing factors and acted within its discretion when it sentenced him. The court also affirmed the district court's denial of Albarran's motion to withdraw his guilty plea where Albarran has not carried his burden of showing a fair and just reason for withdrawing his guilty plea. In this case, the district court did not abuse its discretion, because Albarran failed to sufficiently demonstrate his legal innocence or raise a significant question about the voluntariness of his original plea, and the judge reasonably concluded that granting Albarran's belated motion to withdraw would prejudice the government.