BLAIR, DBA BLAIRCO, INC.

v.

CHAFIN, DBA H. TRUMAN CHAFIN LEGAL CORP.

Citator

Cited By (11 total)

• United States v. Rodriguez, 968 F.2d 130 (2d Cir. 1992)
  …s, see United States v. Marquez, 909 F. 2d 738, 740 (2d Cir.1990), cert. denied, - U.S. -, 111 S.Ct. 957, 112 L.Ed.2d 1045 (1991), or the denial is an abuse of discretion, see United States v. Figueroa, 757 F. 2d 466, 475-76 (2d Cir.), cert. denied, 474 U.S. 840, 106 S.Ct. 122, 88 L.Ed.2d 100 (1985). In his plea allocution, Rodriguez gave no indication that he was pleading guilty in order to secure favorable treatment for Pacheco. Rather, he stated that he “want[ed] to plead guilty to get this over with.”…
• United States v. Marquez, 909 F.2d 738 (2d Cir. 1990)
  …he seized assets. Discussion On a Rule 32(d) motion to withdraw a guilty plea, a defendant has the burden of persuading the trial court that valid grounds for withdrawal exist, United States v. Figueroa, 757 F. 2d 466, 475 (2d Cir.), cert. denied, 474 U.S. 840, 106 S.Ct. 122, 88 L.Ed.2d 100 (1985), and the court’s decision that the burden has not been met will be reversed only if clearly erroneous, United States v. Michaelson, 552 F. 2d 472, 475 (2d Cir.1977). [*741] 1. Marquez contends, first, that his p…
• United States v. Rios-Ortiz, 830 F.2d 1067 (9th Cir. 1987)
  …construction of Rule 32(d) like that appellant urges. The Second Circuit has expressly stated that the defendant's “change of heart” is insufficient as a “fair and just reason.” United States v. Figueroa, 757 F. 2d 466, 475 (2d Cir.), cert. denied, 474 U.S. 840, 106 S.Ct. 122, 88 L.Ed.2d 100 (1985); United States v. Michaelson, 552 F. 2d 472, 476 (2d Cir.1977). At least two circuits have specifically rejected the notion that any desire to withdraw a plea is “fair and just” if the government cannot show p…