UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
October 28, 2009
UNITED STATES OF AMERICA
ROBERT ANDERSON A/K/A SKIP, DEFENDANT.
Currently before the Court is Defendant's motion, pursuant to Rule 11(d)(2)(B) of the Federal Rules of Criminal Procedure, to withdraw his guilty plea to the Information. See Dkt. No. 5. The Government does not oppose this motion. See Dkt. No. 6.
On July 24, 2008, Defendant entered into a plea agreement with the Government, appeared before the Court, and entered pleas of guilty to the Information in this case*fn1 and to Count Twelve of the Indictment in 5:08-CR-61.*fn2 See Dkt. No. 3; see also 5:08-CR-61, Dkt. No. 17.
Since the Government has no objection to Defendant's motion and because the Court finds that Defendant has shown "a fair and just reason for requesting the withdrawal" of his guilty plea in this case, Fed. R. Crim. P. 11(d)(2)(B), the Court hereby
ORDERS that Defendant's motion to withdraw his guilty plea to the Information in 5:08-CR-407 is GRANTED.
IT IS SO ORDERED.