United States v. Rivera, No. 21-3133 (3d Cir. 2023)
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Rivera, a Newark police officer from 1993-2018, collected $78,941 in bribes from three brothel owners in exchange for protecting the owners from arrest, using law enforcement resources to assist them, and making things difficult for competing brothels. Rivera did not report the income from the bribes, for which he should have paid $17,408 in federal taxes. He was indicted on 14 counts. Rivera pleaded guilty to accepting corrupt payments with the intent to be influenced and rewarded, 18 U.S.C. 666(a)(1)(B)–(2), and aiding and assisting in the preparation of false tax returns, 26 U.S.C. 7206(2). The government agreed to dismiss the remaining counts if Rivera pleaded guilty and was sentenced to 46 months. The plea agreement included an appellate waiver that Rivera attested he read and fully understood.
Nine months after the court “conditionally” accepted his plea, Rivera moved to withdraw his plea, claiming the court had deferred acceptance of it until the sentencing, which had not occurred. He argued Federal Rule of Criminal Procedure 11(d) permitted him to withdraw his plea “for any reason or no reason.” The Third Circuit affirmed the denial of Rivera’s motion. The district court stated that while it had deferred acceptance of the plea agreement, it had accepted the plea itself, which could not be withdrawn absent “a fair and just reason.” The Third Circuit enforce the waiver of Rivera’s right to appeal.
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