Opinion
3:19-cr-00117-SLG-MMS
03-31-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOHNNYLEE PRESTON BURK, Defendant.
ORDER MOTION WITHDRAWING INVOLUNTARY PLEA AND REQUEST FOR COUNSEL
SHARON L. GLEASON, UNITED STATES DISTRICT JUDGE
Before the Court at Docket 498 is Defendant Burk's Motion Withdrawing Involuntary Plea and Request for Counsel. The government did not file a response to the motion.
Federal Rule of Criminal Procedure 11(e) provides as follows: “After the court imposes sentence, the defendant may not withdraw a plea of guilty or nolo contendere, and the plea may be set aside only on direct appeal or collateral attack.” Accordingly, the motion is denied, without prejudice to Mr. Burk filing a motion pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside or correct the sentence that was imposed in this case.