U.S. v. Johnson
| Decision Date | 17 May 1985 |
| Docket Number | No. 84-1172,84-1172 |
| Citation | 760 F.2d 1025 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Michael W. JOHNSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Ivan S. Abrams, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.
John Francis Bowman, Sr., Citrus Heights, Cal., for defendant-appellant.
Appeal from the United States District Court for the Eastern District of California.
Before DUNIWAY, FARRIS, and BEEZER, Circuit Judges.
Johnson appeals from the denial of his motion to withdraw his plea of guilty. The offense charged was distribution of cocaine, a violation of 21 U.S.C. Sec. 841(a)(1). It occurred in Yosemite National Park. We must decide whether the court abused its discretion. United States v. Castello, 9 Cir., 1984, 724 F.2d 813, 814.
Johnson's principal argument is that he should have been told that it was the judge's policy not to grant probation to anyone guilty of a drug offense in Yosemite National Park. When Johnson entered his plea, he was carefully questioned by the judge. He was told the maximum penalty that could be imposed, 15 years and a fine of $25,000, plus a special parole term of three years to life. He also answered "Yes sir" to the following questions. He also said that he had not been promised anything except the dismissal of another charge and the release of some property found in his car. There was no mention of probation by the court, the prosecutor, Johnson, or Johnson's attorney.
In a declaration in support of his motion, Johnson alleges that his attorney told him that, if he pled guilty, he would receive probation. However, at the hearing, it was shown that he was told by his attorney "that were he to plead guilty he may get probation on the record, but there was no guarantee that he would get probation." There is no evidence that the prosecutor said anything to Johnson about probation. The court, at the hearing on the motion to withdraw the plea, said "... I think that ... by the time that Mr. Johnson pleaded ... it was perfectly clear ... that this court was not going to grant probation in any of these Yosemite cases, and I...
To continue reading
Request your trial
-
U.S. v. Read
...for bail pending appeal. The denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion. United States v. Johnson, 760 F.2d 1025, 1026 (9th Cir.1985); United States v. Castello, 724 F.2d 813, 814 (9th Cir.1984); United States v. Read, 534 F.2d 858, 859 (9th Cir.1976). ......
-
Spencer v. Klauser
...judge's sentencing policy and then relate the information to Spencer; the law does not demand that he do so. See United States v. Johnson, 760 F.2d 1025, 1026 (9th Cir.1985). b. Erroneous advice regarding It is error for an attorney to misinform his client about the applicable sentencing st......
-
U.S. v. Turner
...his motion to withdraw his guilty plea. We review the district court's denial for an abuse of discretion. See United States v. Johnson, 760 F.2d 1025, 1026 (9th Cir.1985). Under Fed.R.Crim.P. 32(d), the "defendant bears the burden of demonstrating a fair and just reason for withdrawal" of h......
-
U.S. v. Scott
...to withdraw a guilty plea for abuse of discretion. United States v. Hoyos, 892 F.2d 1387, 1399 (9th Cir.1989); United States v. Johnson, 760 F.2d 1025, 1026 (9th Cir.1985). However, where, as here, a defendant claims that his or her plea was involuntary, the standard of review is one of an ......