Judge allowed defendant to withdraw plea after he argued first attorney did not review agreement with him in Spanish; jury found him not guilty at trial
A man who pleaded guilty to a drug smuggling charge, then successfully withdrew the plea because his attorney did not properly review it with him in Spanish, was acquitted last week by a federal jury in San Diego.
The jury found Enriquez not guilty on charges of importation of methamphetamine and conspiracy to import methamphetamine. His court-appointed attorneys argued he did not know there were 50 pounds of drugs hidden inside various parts of his car in November 2021 as he crossed into the U.S. at the Otay Mesa Port of Entry.After his arrest at the border, Enriquez initially hired a private defense attorney from the Los Angeles area who was referred by a friend of his nephew.
The Federal Defenders of San Diego were appointed to take over his defense, and earlier this year his new attorneys filed the motion to withdraw his guilty plea, arguing that his prior attorney had not reviewed the agreement with him in Spanish, and that he’d been falsely led to believe he’d be sentenced to house arrest. U.S. District Judge Janis Sammartino granted the motion despite opposition from prosecutors.
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