Unpublished Disposition, 925 F.2d 1471 (9th Cir. 1991)

MEMORANDUM^** 

Brooks appeals the district court's denial of his motion to withdraw his guilty plea to one count of distribution of cocaine base. We affirm.

A defendant has no right to withdraw a guilty plea, and a withdrawal motion is within the district court's discretion. On appeal, the defendant has the burden of showing that the district court abused its discretion. See United States v. Signori, 844 F.2d 635, 637 (9th Cir. 1988).

Brooks argues that his decision to plead guilty was predicated on the possibility of having his sentence reduced through cooperating with the government. He argues that the government failed to honor its obligation to act in good faith regarding the cooperation agreement, and that this failure gives him the right to withdraw his guilty plea.

The parties dispute whether the cooperation aspect of the agreement was severable from the agreement governing the guilty plea. Because we find that the district court did not abuse its discretion in holding that the government acted in good faith, it is unnecessary for us to decide this question.

The district court had a reasonable basis for concluding that the Drug Enforcement agents fairly evaluated the information Brooks provided in their interview with him. The government submitted to the district court declarations listing the ways in which the agents had attempted to verify Brooks' information. In addition to these efforts, the agents declared that they knew from prior collateral investigations that some of the information Brooks had provided was untrue.

The district court also reasonably rejected Brooks' contention that the government failed to give him an adequate opportunity to cooperate because the DEA agents interviewed him only once. Given their determination that Brooks had not been truthful in their first interview with him, the agents were under no obligation to conduct further interviews.

Because the government did not violate its duty of good faith, Brooks has no grounds for withdrawing his guilty plea, even if the plea was one integrated agreement.

AFFIRMED.