United States Ninth Circuit

A conviction and 188-month sentence following a guilty plea to conspiracy to distribute crack is affirmed in part and remanded in part where: 1) a failure to advise defendant of the standard of proof during the plea colloquy did not constitute plain error; 2) there was no abuse of discretion in denying defendant's motion to withdraw his guilty plea; and 3) a remand was warranted pursuant to Ameline.

Appellate Information

• Argued 12/04/2007
• Decided 01/14/2008
• Published 01/14/2008

Judges

• PREGERSON, Circuit Judge:, Before:  HARRY PREGERSON, STEPHEN S. TROTT, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karen L. Landau, Oakland, CA, for appellant.


• For Appellees:
  
• George S. Cardona, United States Attorney;  Thomas P. O'Brien, Assistant United States Attorney, Chief, Criminal Division;  Craig H. Missakian and Beong-Soo Kim, Assistant United States Attorneys, for appellee.