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U.S. v. DIAZ

July 3, 1991

UNITED STATES OF AMERICA
v.
RAMON DIAZ, DEFENDANT.



The opinion of the court was delivered by: Kram, District Judge.

MEMORANDUM OPINION AND ORDER

Defendant in this criminal case has renewed his application to withdraw his guilty plea.

BACKGROUND

Defendant Ramon Diaz, along with his codefendant Carlos Selman, arranged to purchase several kilograms of cocaine from an informant working for the Drug Enforcement Administration ("DEA"). At the time the deal was to occur, Diaz displayed approximately $40,000 in cash to the informant. The DEA agents then identified themselves and approached Diaz and Selman to arrest them. Diaz was arrested and was charged with conspiracy to possess with intent to distribute approximately two kilograms of cocaine and with assault upon a federal officer.*fn1

THE COURT: You are represented by Mr. Segal?

Defendant DIAZ: (Through Spanish Interpreter) Yes.

Q. You have discussed this indictment with him?

A. Yes.

  Q. You have discussed with him the particular
  count to which you are pleading guilty?

A. Yes.

  Q. Are you satisfied with Mr. Segal's
  representation of you?

A. (In English) Yes.

Plea Tr. 3. With respect to the knowing and voluntary character of his plea, Diaz was examined by the Court as follows:

THE COURT: How old are you, Mr. Diaz?

Defendant DIAZ: 30.

Q. How many grades did you complete in school?

A. (In English) Eleven.

  Q. With the help of the interpreter, do you
  understand what is happening here today?

A. (In English) Yes.

  Q. Have you taken any drugs, medicine, pills, or
  had any alcoholic beverages ...

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