Ling

United States v. Ling

Good Law
51 F. App'x 655
United States Court of Appeals for the Ninth CircuitNovember 18, 2002No. 01-30374; D.C. No. CR-98-0220-BJRCalifornia1,891 words

Opinion

Lead Opinion

*657 MEMORANDUM **

Che Keung Ling appeals the district court’s denial of his motion to withdraw his guilty plea following his plea to using and trafficking in counterfeit credit cards, in violation of 18 U.S.C. §§ 1029 (a)(1) and (a)(5). He also appeals his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s denial of Ling’s motion to withdraw his guilty plea and we affirm Ling’s sentence.

The district court did not abuse its discretion in denying Ling’s motion to withdraw his guilty plea. In reviewing the record of the plea hearing we find no evidence which demonstrates any significant question as to either the voluntariness or validity of Ling’s plea before the Magistrate Judge, which was accepted and entered by the District Judge. During the plea colloquy, Ling received a fair opportunity to ask questions of the Magistrate Judge and to consult his counsel. The Magistrate Judge asked clear and direct questions of Ling with respect to the matters set forth in Fed.R.Crim.P. 11(c) and (d). Ling answered each question and repeatedly professed his understanding and knowledge of the charges that were being levied against him as well as…

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