Jose Ramon Castillo-Lopez v. United States
Whether the Fifth Circuit correctly dismissed Petitioner's challenge to his federal sentence based on a plea agreement's boilerplate waiver of appellate rights, and whether Petitioner showed a 'fair and just reason' to withdraw from his guilty plea after learning of potential state charges
1. Based on his plea agreemen t’s boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner’s challenge to his federal sentence. Was that wrong? 2. Petitioner agreed to waive his appellate rights in exchange for the Government’s promises to dismiss an illegal reentry charge and to refrain from filing additional charges for conduct “underlying and related to” his plea of guilty. After the district court accepted his guilty plea, but before the court accepted the plea agreement, Petitioner learned that the State of Texas intended to pursue the attempted murder charges based on the very same conduct. Petitioner asked to withdraw from his guilty plea so that he could plead guilty without any plea agreement. The district court denied that motion, and the Fifth Circuit affirmed. Did Petitioner show a “fair and just reason” to withdraw from the agreed plea?