United States v. Ricardo Sanchez-Lopez

372 F. App'x 713

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 26, 2010
• Docket: 09-30133
• Status: Unpublished

Opinion

MEMORANDUM **

Ricardo Sanchez-Lopez appeals from the district court’s denial of his motion to withdraw his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Sanchez-Lopez contends that the district court erred when it refused to grant his motion to withdraw his guilty plea. The district court did not abuse its discretion when it concluded that Sanchez-Lopez’s belief that a witness would not cooperate with the government was not a fair and just reason for withdrawing his guilty plea. See Fed.R.Crim.P. 11(d)(2)(B); see also United States v. Vasquez-Velasco, 471 F.2d 294, 294-95 (9th Cir.1973) (per curiam). Further, the record supports the district court’s conclusion that there was no indication that the witness would testify on Sanehez-Lopez’s behalf or exonerate him. Finally, Sanchez-Lopez admitted on more than one occasion that he had procured and delivered methamphetamine and accepted firearms and payment.

AFFIRMED.

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