Thomas

United States v. Thomas

Good Law
3 F. App'x 599
United States Court of Appeals for the Ninth CircuitFebruary 7, 2001No. 98-30332California602 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant appeals the denials of his motions to withdraw his guilty plea and the sentence imposed by the district court. Because the parties are familiar with the facts of this case, we will not recount them here. We affirm.

I

The district court did not abuse its discretion in denying the defendant’s motions to withdraw his plea. “A defendant has no right to withdraw his guilty plea, rather, the decision to allow withdrawal is within the sound discretion of the district court.” United States v. Alber, 56 F.3d 1106, 1111 (9th Cir.1995). A review of the plea colloquy indicates that Thomas entered his plea voluntarily and intelligently. His arguments to the contrary are unavailing. Post-plea ineffective assistance of counsel does not form an adequate basis for plea withdrawal. As an American citizen, he had no right to consult the French Consulate; even if he were a French national, failure to notify the Consulate would not constitute grounds for reversal. See United States v. Lombera-Camorlinga, 206 F.3d 882, 888 (9th Cir. *601 2000) (en banc). His other claims are equally unpersuasive.

II

The district court did not abuse its discretion in calculating the amount of…

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