Lamas

MEMORANDUM **

Antonio Muro Lamas pled guilty to one count of distribution of methamphetamine and was sentenced to a ninety-three month prison term. He challenges his plea and sentence on multiple grounds.

The district’s court finding that Lamas did not show a fair and just reason to withdraw his guilty plea was not an abuse of discretion. See United States v. Nostratis, 321 F.3d 1206, 1208 (9th Cir.2003) (holding that a district court has discretion to deny the withdrawal of a plea).

The plea proceeding in this case did not violate former Federal Rule of Criminal Procedure 11(e)(1) or 11(f). The required factual basis for the plea was articulated and Lamas confirmed that he committed the acts of his own free and voluntary will. The district court’s statements regarding the benefit to Lamas of signing a waiver of indictment before proceeding with entry of the plea did not constitute participation in the plea hearing. We also note that Lamas’ counsel stated that “the record on its face I think comports with the requirements of the law, and the appropriate questions were asked of him.”

The record is not sufficiently developed for us to address Lamas’ ineffective assistance of…