Muller

United States v. Muller

Good Law
305 F. App'x 457
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 07-30476California1,043 words

Opinion

Lead Opinion

MEMORANDUM *

Robin Muller pleaded guilty to conspiracy to distribute over five kilograms of cocaine in violation of 21 U.S.C. §§ 841 and 846. After absconding to New Zealand, he was extradited and sentenced to 151 months imprisonment. Muller brings this appeal to challenge both the denial of his motion to withdraw the guilty plea and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in finding that Muller’s plea was voluntary, nor did it abuse its discretion in denying Muller’s motion to withdraw his guilty plea. See United States v. Gaither, 245 F.3d 1064, 1068 (9th Cir.2001) (reviewing voluntariness challenges de novo); United States v. Reyna-Tapia, 328 F.3d 1114, 1117 (9th Cir.2003) (en banc) (reviewing the denial of a motion to withdraw a plea for abuse of discretion). Aside from his own assertions, Muller presents no admissible evidence to support his claims of coercion and actual innocence, and the district court made a credibility finding against him. Thus we reject Muller’s suggestion that the district court erred in holding that his plea was voluntarily given under Machibroda v. United States, 368 U.S. 487,…

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