USA v. Burk

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOHNNYLEE PRESTON BURK,
Defendant.
Case No. 3:19-cr-00117-SLG-MMS
ORDER MOTION WITHDRAWING INVOLUNTARY PLEA AND REQUEST FOR
COUNSEL
Before the Court at Docket 498 is Defendant Burk’s Motion Withdrawing
Involuntary Plea and Request for Counsel. The government did not file a response
to the motion.
Federal Rule of Criminal Procedure 11(e) provides as follows: 	“After the
court imposes sentence, the defendant may not withdraw a plea of guilty or nolo
contendere, and the plea may be set aside only on direct appeal or collateral
attack.” 	Accordingly, the motion is denied, without prejudice to Mr. Burk filing a
motion pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside or correct the
sentence that was imposed in this case.
DATED this 31st day of March, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:19-cr-00117-SLG-MMS Document 499 Filed 03/31/23 Page 1 of 1