United States v. Vazquez-Otero
United States v. Vazquez-Otero
Opinion of the Court
ORDER
Jose J. Vasquez
Because Vasquez has told counsel that he wants his guilty plea set aside, counsel first addresses whether there is any basis to challenge the plea. See United States v. Knox, 287 F.3d 667, 671-72 (7th Cir. 2002). In the district court Vasquez did not seek to withdraw his plea; therefore, we would examine the plea colloquy for plain error. United States v. Vonn, 535 U.S. 55, 59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002); United States v. Sum, 511 F.3d 654, 658 (7th Cir. 2007).
Counsel identifies only one omission during the plea colloquy: Vasquez was not informed of his right to a lawyer. See Fed.R.Crim.P. 11(b)(1)(D). But when he pleaded guilty Vasquez was represented by appointed counsel, so he must have known of this right, and the omission was harmless. See United States v. Lovett, 844 F.2d 487, 491-92 (7th Cir. 1988). Accordingly, we agree with counsel that a challenge to Vasquez’s guilty plea would be frivolous.
Counsel next evaluates whether Vasquez could challenge his sentence, but correctly concludes that any potential argument is precluded by the appeal waiver. If the
Counsel is not able to identify any other potential issue for appeal. The motion to withdraw is GRANTED, and the appeal DISMISSED.
. Vasquez has previously used several different names including Joe Vazquez-Otero, Joseph J. Vazquez-Otero, Pedro Lopez, Jose Vazquez, Joe Vazquez, Jose Jaime Vazquez, and Jose Jaime Vazquez-Otero.
Reference
- Full Case Name
- United States v. Joe VAZQUEZ-OTERO
- Status
- Published