Lewis
United States v. Lewis
Opinion
Lead Opinion
*127 MEMORANDUM ***
1. In light of Lewis’ refusal (or inability) to hire her own attorney, to accept appointed counsel, or to represent herself, the district court’s determination that she forfeited her right to counsel was “fair and reasonable.” United States v. Kelm, 827 F.2d 1319, 1322 (9th Cir.1987) (holding that “[i]n light of Kelm’s persistent refusal to accept an appointed attorney, to hire his own attorney, or to expressly waive his right to an attorney,” the district court’s decision forcing Kelm to represent himself was “fair and reasonable.”).
2. The district court did not abuse its discretion in denying Lewis’ motion to withdraw her guilty plea. The court’s extensive Rule 11 plea colloquy with Lewis at her change of plea hearing is “strong evidence” that Lewis’ guilty plea was knowing and voluntary. United States v. Nostratis, 321 F.3d 1206, 1209 (9th Cir.2003). In addition, the court was entitled to give greater weight to Lewis’ testimony given under oath and in open court during the plea colloquy than to her subsequent statements made after she knew her likely sentence. Id. at 1210 .
Nor was Lewis entitled to an evidentiary hearing. The court adequately inquired…