United States v. Edwin Dale McClain

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edwin Dale McCLAIN, Defendant-Appellant. No. 94-30004. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1995. * Decided July 26, 1995. 1 Before: NOONAN and HAWKINS, Circuit Judges, and LEW, ** District Judge. 2 MEMORANDUM *** 3 Edwin Dale McClain appeals his conviction by guilty plea and two-year sentence for being a felon in possession of a firearm, in violation of Title 18 U.S.C. Secs. 922 (g) and 924(a)(2). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. 4 We first address McClain's argument that the district court erred in denying his motion to withdraw his guilty plea. A withdrawal motion is committed to the sound discretion of the district court, and McClain bears the burden on appeal to show that the district court abused its discretion. United States v. Signori, 844 F.2d 635, 637 (9th Cir.1998). McClain claims that the…