United States Ninth Circuit
US v. Showalter, 08-50109
In a wire fraud matter, the denial of Defendant's motion to withdraw his guilty plea is affirmed, where "newly available evidence" does not constitute "newly discovered evidence" justifying withdrawal of a guilty plea. Sentence is vacated, where there was insufficient evidence to support the number of victims enhancement imposed by the District Court.
Appellate Information
- Argued 04/08/2009
- Decided 06/26/2009
- Published 06/26/2009
Judges
- THOMPSON, Senior Circuit Judge:, Before: HARRY PREGERSON and DAVID R. THOMPSON, Circuit Judges, and JEREMY D. FOGEL , District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Ezekiel E. Cortez, San Diego, CA, for the defendant-appellant., Mieke Biesheuvel, Assistant United States Attorney, Santa Ana, CA, for the appellee.