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Mochomo filed with the court to withdraw his guilty plea
From the motion filing:
Court of Appeals considers “three factors in reviewing denials of motions to withdraw: ‘(1) whether the defendant has asserted a viable claim of innocence; (2) whether the delay between the guilty plea and the motion to withdraw has substantially prejudiced the government's ability to prosecute the case; and (3) whether the guilty plea was somehow tainted.’” West, 392 F.3d at 455. The District Court has broad discretion is reviewing a motion to withdraw a guilty plea. See, e.g., United States v. Hanson, 339 F.3d 983 (D.C. Cir. 2003).
Which do you guess is the basis of withdrawal he is using?
If you guessed (3) you are correct. And he has a good shot at being victorious at some point, maybe appeal. I have a mountain of documents and opinion to peruse, and little time, but I am working on an overview. As I previously reported, Mochomo was extradited on limited charges, and no ROS waiver. Such a waiver is given by Mexico to allow or give permission to the United States to add charges subsequent to the extradition.












