Hiett

United States v. Hiett

Good Law
220 F. App'x 638
United States Court of Appeals for the Ninth CircuitFebruary 13, 2007No. 06-30272California458 words

Opinion

Lead Opinion

MEMORANDUM **

Earl Lester Hiett II, appeals the district court’s denial of his motion to withdraw his *639 guilty plea. The parties are familiar with the facts, and we do not repeat them here.

The district court properly denied Hiett’s motion. We review a district court’s denial of a motion to withdraw a guilty plea for abuse of discretion. United States v. Reyna-Tapia, 328 F.3d 1114, 1117 (9th Cir.2003) (en banc). Prior to sentencing, the district court may in its “informed discretion” grant withdrawal of a guilty plea if the defendant shows a fair and just reason for withdrawal. Id.; see also Fed.R.Crim.P. 11(d)(2)(B).

The defendant has the burden of demonstrating a fair and just reason for withdrawal. United States v. Jones, 472 F.3d 1136, 1141 (9th Cir.2007). The standard is applied liberally. Id. Fair and just reasons include “inadequate Rule 11 plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.” Id. (internal quotation marks and citation omitted). A defendant moving for withdrawal based on the ineffective assistance of counsel must show “that the advice…

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