United States v. Moshe Barmuha

MEMORANDUM

Moshe Barmuha appeals his guilty plea conviction and 92-month sentence for conspiracy to interfere with commerce by threat and violence, in violation of 18 U.S.C. § 1951 (a), and interstate foreign travel in aid of racketeering enterprises, in violation of 18 U.S.C. §§ 2 , 1952(a)(3). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

We review for an abuse of discretion the denial of a request to withdraw a guilty plea. United States v. Briggs, 623 F.3d 724, 727 (9th Cir.2010). Where a defendant fails to raise an objection to a sentencing error in the district court, we review for plain error. United States v. Bonilla-Guizar, 729 F.3d 1179, 1187 (9th Cir.2013). We review for an abuse of discretion whether a sentence is substantively reasonable. Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

Barmuha contends that the district court abused its discretion by not allowing him to withdraw his guilty plea because his language barrier prevented him from understanding the severity of his possible sentence. However, the record reflects that Barmuha reviewed a translated plea agreement and had an interpreter at the district court’s…