A federal appeals court on Monday, December 20 rejected Enrique Márquez Jr.’s attempt to withdraw his guilty plea to drop charges that he had supplied the weapons used in the 2015 San Bernardino terrorist attack and used firearms. The document signed on the purchase of lied. ,
A three-judge panel of the 9th US Circuit Court of Appeals ruled that the plea agreement that Marquez signed prevents him from withdrawing the petition unless he claims he involuntarily filed the petition. Had it. The judges said that Marquez did not say in his appeal that he had filed a petition against his will.
Public prosecutors noted in opposition to Marquez’s claim that when he filed his plea for providing material support to terrorism and making false statements in 2017, US District Court Judge Jesus G. Bernal found that Marquez was doing so voluntarily. Were were
Marquez filed his request to withdraw his petition in January 2019. During a two-day hearing a year later, Marquez’s lawyer, John N. Aquilina argued that Marquez suffered from depression and a sense of hopelessness, which he blamed because he felt bad for the victims, not because he was guilty of the crimes.
But Bernal ruled that Marquez had failed to prove his mental illness, and was actually looking for ways to enjoy his life behind bars, which included singing and writing letters to friends.
When Marquez bought the weapons in 2011 and 2012, he signed federal firearms purchase documents, which he said was getting them for himself. But Marquez was actually buying them for friend and riverside neighbor Syed Rizwan Farooq. Farooq and wife Tashfeen Malik, residents of Redlands, on December 2, 2015, killed 14 people and injured 23 others in an attack by Farooq’s San Bernardino County Environmental Health colleagues at the Inland Regional Center.
The shooters were killed in an encounter with the police hours after the siege. Prosecutors do not allege that Marquez knew about the plot in advance.
After Farooq’s death, the government attempted to confiscate the $275,000 life insurance amount that was to be paid to his mother, Rafia Sultana Sharif, also known as Rafia Farooq. That court case has been put on hold until Marquez’s appeal is resolved.