Page

United States v. Page

Good Law
112 F. App'x 568
United States Court of Appeals for the Ninth CircuitOctober 12, 2004No. 03-50360; D.C. No. CR-02-00063-VAP-04California604 words

Opinion

Lead Opinion

MEMORANDUM **

Cleo Page appeals the District Court’s denial of his motion to withdraw his plea of guilty to one count of selling cocaine base (crack). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

After pleading guilty, but prior to sentencing, Page moved to withdraw his guilty plea. Given that timing, he “can withdraw his guilty plea only by showing a fair and just reason for withdrawal.” United States v. Nostratis, 321 F.3d 1206, 1208 (9th Cir.2003). It is Page’s burden to show a “fair and just” reason. Id. If the government is in breach of a plea agreement, the defendant may withdraw his guilty plea. U.S. v. Sandoval-Lopez, 122 F.3d 797, 800 (9th Cir.1997).

The district court did not abuse its discretion in denying Page’s motion to withdraw his guilty plea. Page argued that the government breached the plea agreement by disclosing to his co-conspirators that he had pleaded guilty and was cooperating with the government before Page had adequate time to convince them to enter plea agreements. Page preferred to try to convince his co-defendants to plead guilty so as to avoid his having to testify against them. Thus, according to Page, the government rendered…

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.