Opinion
22-cr-1665-JO
06-25-2024
UNITED STATES OF AMERICA, Plaintiff, v. MEENA GHAZNAVI (1), Defendant.
ORDER GRANTING JOINT MOTION TO WITHDRAW GUILTY PLEA
(DOC. NO. 144)
JINSOOK OHTA, UNITED STATES DISTRICT JUDGE
Pursuant Federal Rule of Criminal Procedure 11(d)(2)(B), which provides that a defendant may withdraw a plea of guilty if the defendant can “show a fair and just reason for requesting the withdrawal” and in light of the agreement of the parties and the reasons set forth in the parties' joint motion, the Court GRANTS the parties' joint motion to withdraw the Defendant's prior guilty plea. (Dkt. 144.) United States v. Ortega-Ascanio, 376 F.3d 879, 883 (9th Cir. 2004) (“Fair and just reasons for withdrawal include... intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.”). Accordingly, the Court orders that the previous guilty plea and accompanying plea agreement entered on August 14,2023 and the previous order accepting that plea filed on September 28, 2023 be vacated and set aside, so the Defendant may enter a guilty plea to a non-minimum mandatory charge.
IT IS SO ORDERED.