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United States v. Carrington

filed*fn*: April 14, 1992.

UNITED STATES OF AMERICA PLAINTIFF-APPELLEE,
v.
CRAIG ANTHONY CARRINGTON, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Western District of Washington. D.C. No. CR-89-88-RJB. Robert J. Bryan, District Judge, Presiding.

Before: Browning, Wright and Fernandez, Circuit Judges.

MEMORANDUM

I

Craig Anthony Carrington appeals from the district court's denial of his motion to withdraw his guilty plea. Finding that the district Judge did not abuse his discretion, we affirm.

On May 14, 1990, Carrington pled guilty to Count One of a seven count indictment. Count One charged that "Beginning at a time unknown, but during 1987, and continuing until on or about April 16, 1988 . . . Craig Anthony Carrington . . . and others . . . knowingly and intentionally did conspire to distribute five hundred (500) grams or more of a mixture and substance containing cocaine. . . ." At his plea hearing, Carrington specifically denied involvement in the conspiracy in the year 1988:

Court: Tell me what you did that makes you believe you are guilty of the conspiracy as charged in Count I?

Carrington: With -- conspiracy to distribute 500 grams of cocaine.

Court: Well, first, did this take place during '87 and up to April of 1988?

Carrington: During '87.

Court: Pardon?

Carrington: During '87.

Court: During '87. . . .

However, Carrington specifically admitted that, in the time he was part of the conspiracy at ...


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