Unpublished Disposition, 852 F.2d 572 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 852 F.2d 572 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Edgardo Pangilinan AGUSTIN, Defendant-Appellant.

No. 87-5056.

United States Court of Appeals, Ninth Circuit.

Submitted May 19, 1988.Decided June 30, 1988.* 

Before KOELSCH, KILKENNY and FARRIS, Circuit Judges.


The record does not support Agustin's contention that the district court abused its discretion in denying the motion to withdraw his plea of guilty. We note that Agustin's showing at the hearing on the motion to withdraw consisted solely of his own testimony to the effect that one of his retained attorneys told him "that he (the attorney) had struck a deal, that he was getting us three to five sentence (if we pled guilty)." We also note that Agustin, although acknowledging that he had signed a formal plea agreement containing all essential recitals, vigorously asserted that the answers he gave in response to the court's questioning during arraignment for plea, although under oath, were all "lies" made at the direction of his perfidious lawyer.

We are clear that the district court was not obliged to accept such testimony as true.

To the contrary, the court was justified in rejecting it and crediting the signed plea agreement and the in court answers Agustin made earlier as reflecting the facts. Lastly, we note that the other of Agustin's two attorneys, who had been present during a conference concerning plea bargaining and also at the arraignment, contradicted Agustin.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3