United States v. Ryan Keith Turner

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ryan Keith TURNER, Defendant-Appellant. No. 91-50388. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1992. * Decided April 27, 1992. Before CANBY, REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Ryan Keith Turner [Turner] pled guilty to conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 , and two counts of aiding and abetting in the commission of a bank robbery, in violation of 18 U.S.C. § 2113 (a). Before sentencing, Turner moved to withdraw his guilty plea under Fed.R.Crim.P. 32(d) on the grounds that he entered the plea while suffering from "mental exhaustion." At the hearing on the motion, Turner attempted to offer the testimony of newly discovered witnesses who would impeach the credibility of alleged accomplices-turned-government-witnesses. The court rejected the new evidence because it was not in the…