Kekahuna

United States v. Kekahuna

Good Law
182 F. App'x 745
United States Court of Appeals for the Ninth CircuitJuly 13, 2006No. 05-10141California1,034 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Leslie Kekahuna was charged along with nine other defendants of conspiracy to distribute and possess with intent to distribute methamphet *746 amine in excess of fifty grams. Defendant pled guilty to all four counts charged against him, and the district court accepted Defendant’s plea. Kekahuna appeals his conviction, claiming that the district court abused its discretion when it denied his motion to withdraw his guilty plea. The facts of this case are known to the parties and we do not recite them here.

I. Withdrawal of Guilty Plea

Kekahuna contends that the district court abused its discretion when it denied his motion to withdraw his guilty plea. Federal Rule of Criminal Procedure 11(d)(2)(B) provides that a defendant may withdraw a guilty plea prior to sentencing if the defendant shows “a fair and just reason for requesting the withdrawal.” This circuit provides that “the ‘fair and just reason’ standard ‘is applied liberally.’ ” United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir.2005) (quoting United States v. Ortega-Ascanio, 376 F.3d 879, 883 (9th Cir.2004)).

Kekahuna asserts two allegedly “fair and just” reasons in support of his…

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