Public Defense

Facing a mandatory life sentence after trial, defendant Torres pled guilty to a series of crimes of violence in exchange for a forty-five year sentence. Five months later, he moved to withdraw his plea, claiming that statements by the prosecutor at a reverse proffer and in court on the day of the plea unduly coerced him. The district court denied the motion without a hearing, and Torres appealed.

The circuit found no abuse of discretion. It noted that not all ?inducements? render a plea involuntary; a guilty plea stands unless induced by threats, misrepresentation or promises that are improper because they have no proper relationship to the prosecutor?s business. Here, the statements at issue did not fall within any of these categories.

In addition, Torres indicated when he entered the plea that he was acting voluntarily and had not been induced by any threats, fear or pressure. He also waited five months to seek a withdrawal of his plea, a fact that ?support[ed] the district court?s finding that his plea was entered voluntarily.?

Full post as published by Second Circuit Blog on July 30, 2008 (boomark / email).