United States v. Lamar Facine

MEMORANDUM

Lamar Facine appeals his conviction and sentence after pleading guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2) (counts 1 and 2); assault on a federal agent, in violation 18 U.S.C. § 111 (a) (count 3); and possession of cocaine in violation of 21 U.S.C. § 844 (a) (count 4). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court properly exercised its discretion in denying Facine’s motion to withdraw his guilty plea. See United States v. Bonilla, 637 F.3d 980, 983 (9th Cir.2011) (“We review for abuse of discretion the district court’s denial of [the defendant’s] motion to withdraw his plea-”). Facine failed to show a “fair and just reason” to permit the withdrawal of his plea. See Fed.R.Crim.P. 11(d)(2)(B) (permitting defendant to withdraw his guilty plea if he “can show a fair and just reason for requesting the withdrawal”).

First, Facine argues that Valenzuela’s letter to the district court, in which she “confessed” that she had lied in her prior statements to law enforcement agents, constituted newly discovered evidence. See United States v. Showalter, 569 F.3d 1150, 1157 (9th…