United States v. Castro

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50306
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN WALTER CASTRO, JR.,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-01-CR-261-1
--------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
John Walter Castro, Jr. appeals his conviction for
possession with intent to distribute 100 kilograms or more but
less than 1,000 kilograms of marijuana and aiding and abetting in
violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. He argues
that the district court erred in denying his motion to withdraw
his guilty plea based upon an intervening district court decision
that he asserts rendered his claim of unlawful search and seizure
more viable.

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No. 02-50306
-2-
The protection against illegal searches and seizures is a
nonjurisdictional defect in the proceedings before the district
court that is waived by the entry of an unconditional, knowing,
and voluntary guilty plea. United States v. Smallwood, 920 F.2d
1231, 1240 (5th Cir. 1991). This is not a case “where
intervening law has established that a defendant’s actions do not
constitute a crime and thus that the defendant is actually
innocent of the charged offense,” thereby justifying an exception
to this rule. United States v. Andrade, 83 F.3d 729, 731 (5th
Cir. 1996). Castro has failed to carry his burden of proving
that he is entitled to withdraw his guilty plea. See United
States v. Brewster, 137 F.3d 853, 857-58 (5th Cir. 1998).
Therefore, under the totality of the circumstances, the
district court did not abuse its discretion in denying Castro’s
motion to withdraw his guilty plea. See id.
AFFIRMED.

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