Latu

United States v. Latu

Good Law
134 F. App'x 167
United States Court of Appeals for the Ninth CircuitJune 13, 2005No. 04-10071; D.C. No. CR-02-00174-01-HGCalifornia389 words

Opinion

Lead Opinion

MEMORANDUM **

The district court did not abuse its discretion by denying Latu’s motion to withdraw his guilty plea. Latu failed to show a “fair and just reason” for the withdrawal of his guilty plea. Fed.R.Crim.P. 11(d)(2)(B). Because Latu’s testimony during his change-of-plea hearing contradicts his assertions that he was inadequately informed, he has not provided a sufficient reason for plea withdrawal. Latu’s argument that the Supreme Court’s decision in Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), renders his plea involuntary and unknowing also lacks merit. See Brady v. United States, 397 U.S. 742, 757 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970) (holding that “absent misrepresentation or other impermissible conduct by state agents, a voluntary plea of guilty intelligently made in the light of the then applicable law does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise” (citation omitted)); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (in the waiver-of-appeal context, rejecting a similar argument that the Supreme Court’s decision in United States v. Booker , — ,…

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