Phillips

United States v. Phillips

Good Law
2 F. App'x 732
United States Court of Appeals for the Ninth CircuitJanuary 19, 2001No. 99-50565California891 words

Opinion

Lead Opinion

MEMORANDUM

Manuel Phillips pled guilty and was convicted under 18 U.S.C. § 1951 for conspiracy to interfere with commerce by robbery. He appeals his conviction and sentence. We affirm. Because the parties are familiar with the factual and pro *734 cedural history of this case, we will not recount it here.

1. Because Williams entered an unconditional plea of guilt, “he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea. He may only attack the voluntary and intelligent character of the guilty plea.” United States v. Floyd, 108 F.3d 202, 204 (9th Cir.1997) (quotation omitted). Thus, we lack jurisdiction to hear Phillips’s argument that the district court erred in admitting the audiotape of his co-conspirator’s unwittingly given description of the crime.

2. The district court denied Phillips’s motion to withdraw his guilty plea, a decision which we review for an abuse of discretion. United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995). Although a motion to withdraw a guilty plea should be freely allowed, a defendant has no right to withdraw his guilty plea, and a withdrawal…

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