Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 04-50030 Plaintiff-Appellee, v.  D.C. No.

CR-00-1132-MMM

CLIFFORD A. DAVIS, M.D.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding

Argued and Submitted March 7, 2005—Pasadena, California

Filed June 9, 2005

Before: Susan P. Graber and Consuelo M. Callahan, Circuit Judges, and Charles R. Breyer,* District Judge.

Opinion by District Judge Breyer; Partial Dissent By Judge Callahan

*Honorable Charles R. Breyer, United States District Judge for the Northern District of California, sitting by designation.

6753 6756 UNITED STATES v. DAVIS

COUNSEL

Randy S. Kravis, Studio City, California, for the defendant- appellant.

Ronald L. Cheng, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

OPINION

BREYER, District Judge:

We must decide whether a district court has discretion to permit a defendant to withdraw his guilty plea prior to sen- tencing when the district court…