00-1168 U.S. v. Hodges

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“Legal innocence has been recognized by this circuit, and rightfully so, as a fair and just reason to withdraw a guilty plea. See United States v. Gomez-Orozco, 188 F.3d 422, 425 (7th Cir. 1999); United States v. Groll, 992 F.2d 755, 758 (7th Cir. 1993). But a defendant’s bare protestations of innocence – especially after a knowing and voluntary guilty plea in a thorough Rule 11 colloquy – will not suffice, regardless of how swiftly they are made. The defendant must proffer some credible evidence, Gomez-Orozco, 188 F.3d at 425, and this defendant has proffered none. When a defendant makes no more than naked claims of innocence, a court need not allow the defendant to withdraw his guilty plea nor allow the defendant an evidentiary hearing. United States v. Redig, 27 F.3d 277, 280 (7th Cir. 1994). We therefore find no clear error in the district court’s factual findings, which relied on the Rule 11 colloquy, and no abuse of discretion in the district court’s decision not to allow Hodges to withdraw his guilty plea.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Williams, J.