Myers

United States v. Myers

Good Law
24 F. App'x 681
United States Court of Appeals for the Ninth CircuitNovember 20, 2001No. 01-10073; D.C. No. CR-99-00495-HGCalifornia432 words

Opinion

Lead Opinion

MEMORANDUM **

David Myers (“Myers”) appeals the district court’s denial of his motion to with *682 draw his guilty plea under Fed.R.Crim.P. 32(e) and asserts that the district court improperly participated in plea agreement negotiations in violation of Fed.R.Crim.P. 11(e)(1). We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. The district court did not abuse its discretion in denying Myers’s motion to withdraw his guilty plea, see United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987), or err in determining that Myers voluntarily entered that plea, see United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).

The district court provided during the Rule 11 colloquy the careful scrutiny necessary to ensure that Myers knowingly and voluntarily entered his guilty plea. See United States v. Frank, 36 F.3d 898, 903-04 (9th Cir.1994). Myers has not shown that the government coerced him into pleading guilty. Although the government informed him that it would be obliged to investigate and/or prosecute his wife if she testified that the firearms were in her possession as she had a prior domestic violence…

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