United States v. Esther B. Kahut

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Esther B. KAHUT, Defendant-Appellant. No. 94-30347. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Esther B. Kahut appeals her conviction for conspiracy and mail fraud. Kahut argues the district court erred by denying her motion to withdraw her guilty plea and by failing to recuse itself. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Kahut moved to withdraw her plea on the day of sentencing and after a co-defendant had been sentenced. She was afraid of what the court might to do her and wanted a chance to tell her side of the story. The district court concluded the motion was untimely and that Kahut was attempting to delay sentencing. 4 Before sentencing, the district court may allow a defendant to withdraw a guilty plea by…