Ding

MEMORANDUM *

A defendant may withdraw a guilty plea only if she “can show a fair and just reason for requesting the withdrawal.” Fed.R.Crim.P. 11(d)(2)(B). The district court did not err in denying Ding’s motion to withdraw her guilty plea because Ding did not show such a reason. Taking the record as a whole, the district court did not err in concluding that Ding’s counsel was apprised of all the evidence and prepared for trial and, therefore, was not ineffective. Further, the district court did not err in concluding that Ding’s guilty plea was voluntary. At her change of plea hearing, Ding responded to the district court’s questions in a manner that indicated she understood the nature of the proceeding. She also stated that her plea was voluntary. Moreover, the plea was advantageous to Ding because she was able to limit the liability of her co-conspirators and was able to avoid pleading guilty to certain counts. Finally, Ding was aware of the decision in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), when she made her plea, and so the evolution of the law from Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), to…