United States v. Cody Tunnell

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cody TUNNELL, Defendant-Appellant. No. 94-30352. United States Court of Appeals, Ninth Circuit. Submitted Aug. 8, 1995. * Decided Aug. 11, 1995. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Cody Tunnell appeals his conviction by guilty plea and 92-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922 (g)(1). Tunnell argues that the district court erred in refusing to allow him to withdraw his guilty plea and by refusing to depart downward on his sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. 3 We review for abuse of discretion a district court's denial of a motion to withdraw a guilty plea. United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995). A district court may permit a guilty plea to be withdrawn for any fair and just reason. Fed.R.Crim.P. 32(d); United States…