United States v. Larry Goodall

479 F. App'x 142

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 19, 2012
• Docket: 11-10597
• Status: Unpublished

Opinion

MEMORANDUM ***

Appellant Larry Goodall (“Goodall”) appeals the district court’s denial of his motion to withdraw his plea of guilty'to one count of transportation of a minor for prostitution under 18 U.S.C. § 2421. The facts of this case are known to the parties. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Federal Rule of Criminal Procedure 11(d)(2)(B), permits withdrawal if the defendant “can show a fair and just reason” for his request. Fed.R.Crim.P. 11(d)(2)(B). “We review the denial of a motion to withdraw a plea for abuse of discretion.” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir.2010).

Goodall has not demonstrated a “fair and just reason” for withdrawal. There is extensive evidence in the record demonstrating Goodall’s guilt, and Goodall received a substantially shorter sentence than he would have had he been convicted of the three other charges that the government dropped under the terms of the plea agreement.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.