Wei

United States v. Wei

Good Law
274 F. App'x 530
United States Court of Appeals for the Ninth CircuitApril 17, 2008No. 06-50588California478 words

Opinion

Lead Opinion

MEMORANDUM *

Claud Wei appeals his conviction and sentence following his guilty plea for conspiracy to conceal, harbor and transport illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii), (iii), (v)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in denying Wei’s motion to withdraw his guilty plea, which he had entered pursuant to a plea agreement. The district court rejected Wei’s belated contention that, at the time of his guilty plea, he erroneously believed that the terms of the plea agreement limited to three the number of illegal aliens for which he could be sentenced and prevented the government from seeking a higher offense level under U.S.S.G. § 2Ll.l(b)(2). The weight of the record supports the district court’s decision to discredit Wei’s contention, which was unsupported by sworn testimony and directly contradicted statements previously made by Wei in open court. It was, therefore, not an abuse of discretion for the district court to conclude that Wei failed to present a fail* and just reason to withdraw his plea. See Fed.R.Crim.P. 11(d)(2)(B); United States v. Ortega-Ascanio, 376 F.3d 879,…

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