U.S. v. Graf

Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea to counterfeit charge, after Dist. Ct. found that defendant had failed to show “fair and just” reason for withdrawing his guilty plea, where basis for withdrawal motion was defendant’s desire to learn identity of confidential informant, who provided information to govt. to support instant counterfeit charge. Record showed that prior to filing withdrawal motion, defendant had failed to appear at original sentencing hearing, and defendant’s proposed reason for withdrawing plea did not pertain to claim of actual or legal innocence or that his plea was not knowing or voluntary. Moreover, defendant had failed to establish that his original counsel was ineffective for failing to advise him of right to seek identify of confidential informant. Fact that defendant discovered potential weakness in govt. case after entry of guilty plea did not undermine voluntary nature of guilty plea at time it was entered.