Chin

United States v. Chin

Good Law
61 F. App'x 374
United States Court of Appeals for the Ninth CircuitApril 2, 2003No. 01-10573; D.C. No. CR 99-0508 RLHCalifornia417 words

Opinion

Lead Opinion

MEMORANDUM *

Kam Ming Chin (“Appellant”) appeals from the district court’s denial of his motion to withdraw his guilty plea. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

After a guilty plea has been accepted by the court, the defendant may only withdraw the plea if he presents a fair and just reason for the withdrawal. See Fed. R.Crim. Proc. 11(d)(2); United States v. Hyde, 520 U.S. 670, 671 , 117 S.Ct. 1630 , 137 L.Ed.2d 935 (1997). A defendant does not have a 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). If the defendant did not request an evidentiary hearing, the district court’s failure to conduct one is reviewed only for plain error. United States v. Browne, 318 F.3d 261, 264-65 (1st Cir.2003).

The district court did not abuse its discretion by denying Appellant’s motion to withdraw his guilty plea based on his claims of actual innocence and coercion by his attorney. The district court rejected Appellant’s version of the events and found that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.