United States Second Circuit

Attempt to withdraw guilty plea based on issues that relate directly to guilt will justify a court's refusal to grant a downward sentencing departure under USSG 3E1.1, and the defendant bears the burden of showing that downward departure should be granted.

Appellate Information

• Decided 01/17/2001
• Published 01/17/2001

Judges

• SACK, Circuit Judge:, Before McLAUGHLIN and SACK, Circuit Judges, and CHATIGNY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael S. Kim, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, and Christine H. Chung, Assistant United States Attorney, of counsel), New York, NY, for Appellee., Lawrence H. Schoenbach, New York, NY, for Defendant-Appellant.