Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:14-cr-00022-3—Michael R. Barrett, District Judge.
Argued: March 9, 2017
Decided and Filed: May 23, 2017
Before: DAUGHTREY, MOORE, and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. After being indicted on drug, robbery, and
gun charges, Dominick Andrews sought to have his indictment dismissed on the grounds that the
arresting federal agents had engaged in outrageous conduct. When the district court denied his
motion to dismiss, Andrews entered into a plea agreement under which he would plead guilty to
conspiracy to possess cocaine with intent to distribute and aiding and abetting the possession of a
firearm in furtherance of a drug-trafficking crime. After his change-of-plea hearing but prior to
sentencing, Andrews sought to withdraw his plea, arguing that he had an absolute right to do so
because the court had not yet accepted his plea. The district court refused to allow withdrawal,
finding that it had accepted the plea and that Andrews had not shown a “fair and just reason” for
doing so. On appeal, Andrews argues that the district court erred in refusing to dismiss the
indictment and erred in determining that it had accepted his guilty plea. Because the district
court expressly declined to accept the plea, we reverse the denial of the motion to withdraw and
remand for further proceedings consistent with this opinion.