United States v. Judy Marietta Castello, 724 F.2d 813 (9th Cir. 1984). · Go Syfert
United States v. Judy Marietta Castello, 724 F.2d 813 (9th Cir. 1984). Cases Citing This Book View Copy Cite
“the court was entitled to credit casteho's testimony at the rule 11 hearing over her subsequent affidavit.”
115 citation events (33 in the last 25 years) across 13 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Fernando Novelo Nostratis (2×) also: Cited as authority (rule)
9th Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
the court was entitled to credit casteho's testimony at the rule 11 hearing over her subsequent affidavit.
discussed Cited as authority (rule) United States v. Ohm
9th Cir. · 2025 · confidence medium
Ohm’s argument that the court’s pre-plea comments coerced him into entering the plea, do not overcome the “great weight” and “strong presumption of verity” that we give his plea colloquy statements to the contrary, United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir. 1993) (citation omitted), overruled on other grounds by United States v. Davila, 569 U.S. 597 , 608–10 (2013), which we credit over his subsequent arguments, see United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984).
cited Cited as authority (rule) Nelson v. Salmonsen
D. Mont. · 2022 · confidence medium
Brumfield, 576 U.S. at 313– 14; United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984).
discussed Cited as authority (rule) United States v. Margarito Vargas (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
Caro, 997 F.2d at 660 (quoting United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984)).
cited Cited as authority (rule) United States v. Daniel Davis
9th Cir. · 2011 · confidence medium
United States v. Costello, 724 F.2d 813, 815 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Terry Norris
9th Cir. · 2011 · confidence medium
See United States v. Ross, 511 F.3d 1233, 1236-37 (9th Cir.2008); United States v. Nos-tratis, 321 F.3d 1206, 1210 (9th Cir.2003); United States v. Signori, 844 F.2d 635, 639 (9th Cir. 1988); United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984); see also United States v. Myers, 993 F.2d 713, 714-15 (9th Cir. 1993).
discussed Cited as authority (rule) State v. Hanslovan (2×)
Idaho Ct. App. · 2008 · confidence medium
United States v. Martinez-Molina, 64 F.3d 719, 733 (1st Cir.1995); see also Caro, 997 F.2d at 659 ; United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Hodge
3rd Cir. · 2005 · confidence medium
That conclusion is nearly axiomatic given the nature of our criminal justice system, of which plea bargains are an “essential part.” Santobello, 404 U.S. at 261 ; see also Court did not err in not “raising sua sponte the possibility of conditions [on defendant’s plea] even though appellant and his co- defendant were husband and wife and even though both pleaded guilty at the same time”). 13 United States v. Tursi, 576 F.2d 396, 398 (1st Cir. 1978) (holding that “special care must be taken to ascertain the voluntariness of the [packaged] guilty plea”); Harman v. Mohn, 683 F.2d 834…
discussed Cited as authority (rule) United States v. Devin Hodge
3rd Cir. · 2005 · confidence medium
United States v. Tursi, 576 F.2d 396, 398 (1st Cir.1978) (holding that "special care must be taken to ascertain the voluntariness of the [packaged] guilty plea”); Harman v. Mohn, 683 F.2d 834, 837-38 (4th Cir.1982); Usher, 703 F.2d at 958 ; Politte v. United States, 852 F.2d 924 (7th Cir.1988); United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Mescual-Cruz
1st Cir. · 2004 · confidence medium
See United States v. Buckley, 847 F.2d 991 , 1000 n. 6 (1st Cir.1988) (rejecting the defendant's argument that an agreement promising lenient treatment of a pleading defendant’s family member is substantively unfair); United States v. Tursi, 576 F.2d 396, 398 (1st Cir.1978) (allowing defendant’s plea to be tied to the prosecutor's recommendation of a lighter sentence for the defendant's son, when defendant was advised of the consequences of pleading guilty and was counseled that any recommendation made by the prosecution regarding the son's sentence would in no way bind the court); see als…
discussed Cited as authority (rule) United States v. Chin
9th Cir. · 2003 · confidence medium
See United States v. Lomow, 266 F.3d 1013, 1017 (9th Cir.2001) (stating that a district court may consider all evidence before it when determining whether there was a factual basis for all elements of the offense charged when accepting a guilty plea); United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984) (holding that court is entitled to credit testimony at Rule 11 hearing over subsequent affidavit in denying motion to withdraw guilty plea).
cited Cited as authority (rule) United States v. Kennard
9th Cir. · 2002 · confidence medium
United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984).
discussed Cited as authority (rule) United States v. Myers
9th Cir. · 2001 · confidence medium
Although the government informed him that it would be obliged to investigate and/or prosecute his wife if she testified that the firearms were in her possession as she had a prior domestic violence conviction, “[t]his case does not involve an allegation that the government threatened to prosecute a third person whom it had no cause to believe was guilty of a crime.” United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984) (emphasis added).
discussed Cited as authority (rule) United States v. Reynoso-Gonzalez (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
Id.; United States v. Castello, 724 F.2d 813, 814-15 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Allan L. Ausman
9th Cir. · 1997 · confidence medium
See United States v. Sarno, 73 F.3d 1470, 1503 (9th Cir.1995) (fact findings underlying restitution orders reviewed for clear error, cert. denied, 116 S.Ct. 2555 (1996)); United States v. Castello, 724 F.2d 813, 815 (9th Cir.) (district court entitled to credit sworn statements at plea hearing over subsequent declarations), cert. denied, 467 U.S. 1254 (1984). 7 Ausman also contends that the district court erred by failing to disallow $500,000 in restitution for Aviosupport's lost business because this amount was too speculative.
cited Cited as authority (rule) Edward Zaragoza v. Jerry Stainer, Warden Attorney General of the State of California
9th Cir. · 1996 · confidence medium
United States v. Caro, 997 F.2d 657, 658-59 (9th Cir.1993); U.S. v. Castello, 724 F.2d 813, 814-15 (9th Cir.1984), cert. denied, 104 S.Ct. 3540 (1984).
discussed Cited as authority (rule) United States v. Jeffrey Roy Taylor
9th Cir. · 1995 · confidence medium
United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984), cert. denied, 467 U.S. 1254 (1984). 7 Taylor also said in the affidavit that he pleaded guilty only because he thought a jury would find him guilty and that he would face a stiffer penalty.
discussed Cited as authority (rule) United States v. Henry Bustos, United States of America v. Harold Satizabal (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
Bustos acknowledges that he received no direct threats from Satizabal, but he claims "the psychological pressure was more than [Bustos] could handle," and he "felt [he] had to plead guilty because [Satizabal] was so scared of getting more years." 14 The acceptability of package deals was confirmed in United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984).
cited Cited as authority (rule) United States v. Mike Alfons Campa, (Two Cases)
9th Cir. · 1995 · confidence medium
This court reviews for abuse of discretion, see United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984), and we affirm.
discussed Cited as authority (rule) United States v. Frank R. Alber
9th Cir. · 1995 · confidence medium
A defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984); rather, the decision to allow withdrawal is within the sound discretion of the district court, United States v. Signori, 844 F.2d 635, 637 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Andres Hernandez
9th Cir. · 1994 · confidence medium
See Hoyos, 892 F.2d at 1400 (district court properly credited defendant's testimony at time he entered his plea over subsequent allegations in affidavit supporting motion to withdraw guilty plea); United States v. Castello, 724 F.2d 813, 815 (9th Cir.) (same), cert. denied, 467 U.S. 1254 (1984).
discussed Cited as authority (rule) United States v. Cesar Flores-Lomeli
9th Cir. · 1994 · confidence medium
Lomas is directly on point, making clear that the defendant had no basis to claim that he should have been advised that he could challenge the characterization of his prior convictions as "aggravated felonies". 10 A guilty plea in open court that fully complies with Rule 11 carries "a strong presumption of veracity." United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1254 (1984).
discussed Cited as authority (rule) United States v. Eleazar Bustos-Salgado, United States of America v. Vidal Chavez, United States of America v. Augustin Zuniga, AKA Augustin Zuniga Angel, United States of America v. Fidencio Chavez, AKA Luis Carlos Gomez, AKA El Chupon
9th Cir. · 1994 · confidence medium
Chavez merely cites United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984), for the proposition that motions to withdraw guilty pleas which are presented before sentencing should be granted freely.
discussed Cited as authority (rule) United States v. William J. Tocki, United States of America v. William J. Tocki (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1254 (1984). 4 Tocki entered a plea of guilty on March 8, 1993, at the conclusion of an exemplary Rule 11 hearing.
examined Cited as authority (rule) United States v. Kevin Charles Gilbeaux (3×) also: Cited "see"
9th Cir. · 1994 · confidence medium
United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984).
discussed Cited as authority (rule) United States v. Daniel Thomson (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1254 (1984). 5 Thomson pleaded guilty to maintaining a residence for drug activity on August 18, 1992.
discussed Cited as authority (rule) United States v. Michael Edward Sousa
9th Cir. · 1993 · confidence medium
Because " '[s]olemn declarations in open court carry a strong presumption of verity' " when the defendant enters a guilty plea, United States v. Rubalcaba, 811 F.2d 491, 494 (9th Cir.) (quoting United States v. Moore, 599 F.2d 310, 314 (9th Cir.1979), cert. denied, 444 U.S. 1024 (1980)), cert. denied, 484 U.S. 382 (1987), we are entitled to credit sworn testimony offered at a Fed.R.Crim.P. 11 hearing over subsequent conflicting statements, cf. United States v. Castello, 724 F.2d 813, 815 (9th Cir.) (district court entitled to credit sworn testimony at Rule 11 hearing over subsequent conflictin…
discussed Cited as authority (rule) United States v. Abdol Majid Samia
9th Cir. · 1993 · confidence medium
A defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984), rather, the decision to allow withdrawal is within the sound discretion of the district court, United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986).
cited Cited as authority (rule) United States v. Rascon-Gamez
D. Ariz. · 1993 · confidence medium
United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
discussed Cited as authority (rule) United States v. Ramon Angel Caro (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
See United States v. Wheat, 813 F.2d 1399, 1406 (9th Cir.1987), aff'd, 486 U.S. 153 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988); United States v. Castello, 724 F.2d 813, 814-15 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
cited Cited as authority (rule) United States v. Michael R. MacK United States of America v. Margaret Paulson
9th Cir. · 1993 · confidence medium
United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984). 7 Following extensive negotiations, Paulson pleaded guilty.
discussed Cited as authority (rule) United States v. Victor Pouncil
9th Cir. · 1992 · confidence medium
Manifest injustice is " 'a fundamental defect which inherently results in a complete miscarriage of justice' or 'an omission inconsistent with the rudimentary demands of fair procedure.' " Id. (quoting Hill v. United States, 368 U.S. 424 (1962)). 12 A defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984); rather, the decision to allow withdrawal is within the sound discretion of the district court, United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986).
discussed Cited as authority (rule) United States v. James H. Matlock
9th Cir. · 1992 · confidence medium
A defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984); rather, the decision to allow withdrawal is within the sound discretion of the district court.
cited Cited as authority (rule) United States v. Wade Jones
9th Cir. · 1991 · confidence medium
United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984).
discussed Cited as authority (rule) United States v. Hector Figueroa
9th Cir. · 1991 · confidence medium
Nevertheless, a defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984); rather, the decision to allow withdrawal is within the sound discretion of the district court.
discussed Cited as authority (rule) United States v. Jay Noboru Kam
9th Cir. · 1991 · confidence medium
A defendant has no right to withdraw his guilty plea, United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 (1984); rather, the decision to allow withdrawal is within the sound discretion of the district court.
discussed Cited as authority (rule) United States v. Hector Hernan Hoyos (2×)
9th Cir. · 1989 · confidence medium
United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986); United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
discussed Cited as authority (rule) United States v. Jose Roberto Ortiz-Marquez
9th Cir. · 1989 · confidence medium
Because "[s]olemn declarations in open court carry a strong presumption of verity" when a defendant enters a guilty plea, United States v. Rubalcaba, 811 F.2d 491, 494 (9th Cir.), cert. denied, 484 U.S. 382 (1987) (citation omitted), the district court is entitled to give greater weight to the defendant's statements under oath at the time of his guilty plea than to those made in a subsequent affidavit in support of withdrawing that plea, United States v. Castello, 724 F.2d 813, 815 (9th Cir.), cert. denied, 467 U.S. 1284 (1984).
discussed Cited as authority (rule) Allyn v. Commissioner of Correctional Services
S.D.N.Y. · 1989 · confidence medium
See Politte v. United States, 852 F.2d 924, 929-930 (7th Cir.1988) (defendant’s plea was result of “calculated bargain” to help wife avoid prosecution); Mosier v. Murphy, 790 F.2d 62, 66 (10th Cir.) (representation of prisoner’s wife and mother-in-law, who benefitted from prisoner’s guilty plea, did not deprive prisoner of effective assistance of counsel), cert. denied, 479 U.S. 988 , 107 S.Ct. 582 , 93 *594 L.Ed.2d 584 (1986); Martin v. Kemp, 760 F.2d 1244, 1247 (11th Cir.1985) (petitioner’s guilty plea, which was induced by government’s threat to prosecute a third party, would …
discussed Cited as authority (rule) United States v. Hector Hernan Hoyos (2×)
9th Cir. · 1989 · confidence medium
United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986); United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
discussed Cited as authority (rule) United States v. Jerard J. Signori
9th Cir. · 1988 · confidence medium
United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, — U.S. —, 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986); United States v. Costello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984); United States v. King, 618 F.2d 550, 551 (9th Cir.1980).
discussed Cited as authority (rule) United States v. Ramon Rios-Ortiz
9th Cir. · 1987 · confidence medium
In United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, — U.S.-, 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986), and United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984), we held that the defendant bears the burden of showing a fair and just reason for withdrawal of a guilty plea, and that the defendant has no “right” to withdraw his plea.
cited Cited as authority (rule) United States v. Alfredo Rubalcaba
9th Cir. · 1987 · confidence medium
United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985); United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
cited Cited as authority (rule) United States v. Rubalcaba
9th Cir. · 1987 · confidence medium
United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985); United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, 467 U.S. 1254 , 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
discussed Cited as authority (rule) United States v. Schwartz
9th Cir. · 1986 · confidence medium
The district court has the discretion under Fed.R.Crim.P. 32(d) to allow withdrawal of a guilty plea for “fair and just reason.” United States v. Castello, 724 F.2d 813, 814 (9th Cir.), cert. denied, — U.S. -, 104 S.Ct. 3540 , 82 L.Ed.2d 844 (1984).
cited Cited as authority (rule) United States v. Jane Read
9th Cir. · 1986 · confidence medium
United States v. Johnson, 760 F.2d 1025, 1026 (9th Cir.1985); United States v. Castello, 724 F.2d 813, 814 (9th Cir.1984); United States v. Read, 534 F.2d 858, 859 (9th Cir.1976).
cited Cited "see" United States v. Jamal Shehadeh
9th Cir. · 2020 · signal: see · confidence high
See United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984).
cited Cited "see" United States v. Seng Yong
9th Cir. · 2019 · signal: see · confidence high
Id.; See United States v. Castello, 724 F.2d 813 , 814–15 (9th Cir. 1984).
cited Cited "see" United States v. Feliciano Sanchez
9th Cir. · 2012 · signal: see · confidence high
See United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984).
cited Cited "see" United States v. Frazier
9th Cir. · 2001 · signal: see · confidence high
See United States v. Castello, 724 F.2d 813, 815 (9th Cir.1984). .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Judy Marietta CASTELLO, Defendant-Appellant
83-3057.
Court of Appeals for the Ninth Circuit.
Jan 24, 1984.
724 F.2d 813
William Glueck, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee., Alix Foster, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant.
Wright, Tang, Alarcon.
Cited by 73 opinions  |  Published
EUGENE A. WRIGHT, Circuit Judge:

Castello appeals the denial of her motion to withdraw her guilty plea before sentencing pursuant to Fed.R.Crim.P. 32(d). The question is whether the prosecutor’s “all-or-nothing” plea offer to Castello and her co-defendants constituted improper coercion that rendered her plea involuntary. We hold that it did not.

FACTS

Castello was indicted on December 22, 1982 on one count of mail fraud and one count of false declarations before a grand jury. The indictment charged that Castel-lo, Alvin Martin, and two others defrauded insurance companies by filing false claims for accidental property loss.

The case was set for trial on March 14, 1983. The government prepared extensively and subpoenaed witnesses from as far as South Dakota.

During the week before trial, Castello reviewed extensive Jencks Act and grand jury materials with her counsel. The government negotiated with the defendants and their attorneys in order to settle the case. It declined to offer individual settlements, insisting instead on a common arrangement with all defendants. Initially, all defendants except Castello wished to negotiate. Finally, the government and Castello agreed that she would plead guilty on two counts and it would recommend that she receive concurrent sentences.

On the date of trial, all defendants pleaded guilty. The court conducted an extensive Rule 11 inquiry into the voluntariness of Castello’s plea. Her attorney advised her not to plead guilty unless she was in fact guilty. Sentencing was scheduled for May 6, 1983.

On April 25, 1983, Castello moved to withdraw the guilty plea and requested appointment of a public defender. She filed an affidavit in support of her motion.

Castello’s affidavit alleged that she entered the guilty plea because the government threatened to prosecute Martin as a “special dangerous offender” if the case were tried. This would have exposed him to a potential maximum term of 150 years as opposed to the 25-year maximum exposure under the plea agreement. Castello asserted that this threat caused her to plead guilty to crimes which she did not commit. She claimed that she “crossed her fingers” when she pleaded guilty. She contended also that Martin had promised to provide an affidavit to exculpate her, and she pleaded guilty in reliance on that affidavit.

The district court heard arguments on Castello’s motion on May 13, 1983. Her attorney did not supplement the affidavit with testimony regarding the alleged involuntariness of the plea. The court denied the motion.

The defendant was sentenced on May 20, 1983, being given concurrent sentences of two years on Count IV of the indictment and four years on Count VIII.

ANALYSIS

We review the denial of the motion to withdraw the guilty plea for abuse of discretion. United States v. Navarro-Flores, 628 F.2d 1178, 1183 (9th Cir.1980). Withdrawal of a plea before sentencing is freely granted when there is a fair and just reason for withdrawal, but the burden to show such a reason is on the defendant. Id. She has no “right” to withdraw her plea. United States v. Youpee, 419 F.2d 1340, 1343 (9th Cir.1969).

Castello argues that her plea was coerced by the “package-deal” plea agreement offered to her and her codefendants. She argues that the threat to prosecute code-fendant Martin as a special dangerous offender was improper coercion that rendered her plea involuntary.

The Supreme Court has reserved judgment on “the constitutional implications of a prosecutor’s offer during plea bargaining of adverse or lenient treatment for some person other than the accused.” Bordenkircher v. Hayes, 434 U.S. 357, 364 n. 8, 98 S.Ct. 663, 668 n. 8, 54 L.Ed.2d 604 (1978).[*815] The Court noted that third party threats and promises “might pose a great danger of inducing a false guilty plea by skewing the assessment of the risks a defendant must consider.” Id.

Several courts have considered third party threats and promises in plea-bargaining since Bordenkircher. See United States v. Usher, 703 F.2d 956, 958 (6th Cir.1983); Harman v. Mohn, 683 F.2d 834, 838 (4th Cir.1982); United States v. Nuckols, 606 F.2d 566, 569 (5th Cir.1979); United States v. Tursi, 576 F.2d 396, 398 (1st Cir.1978).

None of these courts has held that third party threats or promises are coercive per se. Rather, they have held that the trial court should make a more careful examination of the voluntariness of a plea when it is induced by such threats or promises.

Here, it appears that the trial court did conduct a particularly searching inquiry at the Rule 11 hearing. The court repeatedly asked the defendant whether she had committed the acts for which she was charged. She replied under oath that she had. Her attorney advised her not to plead guilty unless she honestly believed that she was guilty. The court and counsel made every effort to assure that her plea was a knowing and voluntary one.

The court held a full hearing on Castello’s motion to withdraw the plea. She chose not to testify and she did not call her former attorney. The court fully considered her affidavit and counsel’s arguments. It concluded that Castello failed to meet her burden to show a fair and just reason to withdraw her plea.

The court specifically found: (1) there were no threats or promises made to the defendant at the time she entered her plea; (2)there was no improper advice given to her by her attorney; (3) there was no improper conduct on the part of the government; (4) the government would be prejudiced if the plea was withdrawn; and (5) there was strong evidence' of Castello’s guilt.

We will not upset the trial court’s findings of fact unless they are clearly erroneous. The court was entitled to credit Castello’s testimony at the Rule 11 hearing over her subsequent affidavit. Cortez v. United States, 337 F.2d 699, 702 (9th Cir.1964). See also United States v. Moore, 599 F.2d 310, 314 (9th Cir.1979), cert. denied, 444 U.S. 1024, 100 S.Ct. 687, 62 L.Ed.2d 658 (1980) (declarations in open court carry a strong presumption of verity).

This case does not involve an allegation that the government threatened to prosecute a third person whom it had no cause to believe was guilty of a crime. Cf. United States v. Nuckols, 606 F.2d at 569-570 (threat to prosecute defendant’s wife); Johnson v. Wilson, 371 F.2d 911, 912 (9th Cir.1967) (threat to prosecute pregnant wife and turn daughter over to juvenile authorities). This case also involves no allegation of ineffective assistance of counsel. Castel-lo was represented by separate and very competent counsel, and there is no likelihood that he sacrificed her interests for those of a codefendant. See United States v. Usher, 703 F.2d at 958.

We hold that the trial court did not abuse its discretion by denying Castello’s motion to withdraw her plea. Castello’s other arguments lack merit.

Affirmed.