United States v. Murguia Oliveros

MEMORANDUM *

Appellant Margarito Murguia Oliveros appeals the district court’s decision denying his motion to withdraw his guilty plea to a charge of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

“On appeal, this court reviews for an abuse of discretion a district court’s denial of a motion to withdraw a guilty plea.” United States v. Nagra, 147 F.3d 875, 880 (9th Cir.1998). A guilty plea may be withdrawn upon a showing by the defendant of any “fair and just reason.” Fed.R.Crim.P. 32(e). A plea may be withdrawn where the defendant alleges “newly discovered evidence, intervening circumstances, or any other reason for withdrawing his plea *671 that did not exist when he pleaded guilty.” United States v. Turner, 898 F.2d 705, 713 (9th Cir.1990) (quoting United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987)).

The district court did not abuse its discretion by denying Murguia’s motion to withdraw his plea because Murguia did not demonstrate new evidence or intervening events providing him with a viable defense to the charges against him. Although Murguia’s underlying…