United States v. Hicks

125 F. App'x 585

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 20, 2005
• Docket: 03-50166
• Status: Unpublished

Opinion

PER CURIAM: *

Stephen Joe Hicks appeals his guilty-plea convictions for two counts of wire fraud in violation of 18 U.S.C. § 1343. Hicks argues that the district court abused its discretion by denying his motion to withdraw his guilty plea.

“[A] district court may, in its discretion, permit withdrawal before sentencing if the defendant can show a ‘fair and just reason.’ ” United States v. Powell, 354 F.3d 362, 370 (5th Cir.2003) (citing Fed. R.Crim.P. 11(d)(2)). A review of the seven relevant factors reveals that the district court did not abuse its discretion by denying Hicks’s motion to withdraw his guilty plea. See United States v. Carr, 740 F.2d 339, 343-44 (5th Cir.1984).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.