United States v. Bruce Eagleman, Jr.

MEMORANDUM

Defendant Bruce Eagleman, Jr. drove while severely intoxicated, swerved into the wrong lane, and killed four people. Defendant pled guilty to second degree murder under 18 U.S.C. §§ 1111 (a), 1158(a). On the eve of sentencing, Defendant moved to withdraw his guilty pleá, but the district court denied his motion. The district court sentenced Defendant to 405 months. Defendant challenges the denial of his motion to withdraw his plea, and the district court’s decision not to apply a sentencing reduction based on his acceptance of responsibility. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

“We review the district court’s denial of [a] motion to withdraw [a] guilty plea for abuse of discretion.” United States v. Briggs, 623 F.3d 724, 727 (9th Cir.2010). “We review de novo the sufficiency of a Rule 11 plea colloquy.” United States v. Ross, 511 F.3d 1233, 1235 (9th Cir.2008).

Defendant argues that he should have been allowed to withdraw his guilty plea because his plea was not knowing, voluntary, and supported by a factual basis, as shown by the Rule 11 colloquy. We disagree. Although Defendant was confused about malice aforethought, he later agreed that he…