Menjivar-Amaya

MEMORANDUM **

Elíseo Antonio Menjivar-Amaya “Menjivar” appeals the denial of his motion to withdraw his guilty plea and sentence. Because Menjivar’s counsel did not “grossly mischaracterize” his potential sentence, and because the district court properly considered the factors set forth in 18 U.S.C. § 3553 (a), we affirm the district court’s decision and sentence.

*674 The parties are familiar with the facts and procedural history of this case, so we do not repeat them here.

I. Original counsel did not make a “gross mischaracterization” of the possible consequences of a guilty plea.

“It is well-established that a defendant has no right to withdraw his guilty plea, and that a withdrawal motion is committed to the sound discretion of the district court.” United, States v. Signori, 844 F.2d 635, 637 (9th Cir.1988). After the district court accepts the plea and before sentencing, a defendant may withdraw a guilty plea if “the defendant can show a fair and just reason for requesting the withdrawal.” Fed.R.Crim.P. 11(d)(2)(B). “[A] defendant may demonstrate a fair and just reason for plea withdrawal by showing that his counsel’s gross mischaracterization [of his sentence] plausibly…