Unpublished Disposition, 935 F.2d 276 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 276 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Derek ANDERSON, Defendant-Appellant.

No. 90-30299.

United States Court of Appeals, Ninth Circuit.

Submitted June 4, 1991.* Decided June 6, 1991.



Derek Anderson appeals the district court's refusal to allow him to withdraw his guilty plea. We affirm.

Anderson pled guilty to distributing five or more grams of cocaine base in violation of 21 U.S.C. §§ 841(a) (1) and 841(b) (1) (B). He was sentenced to a 78-month term of imprisonment to be followed by a four-year term of supervised release.

Anderson alleges that he is entitled to withdraw his guilty plea because (1) his attorney told him that he would only receive credit for acceptance of responsibility if he pled guilty and (2) his attorney told him he would receive the minimum 60-month sentence.

A withdrawal motion is committed to the sound discretion of the district court. United States v. Signori, 844 F.2d 635, 637 (9th Cir. 1988). Findings of fact underlying the court's conclusion are reviewed for clear error. See id at 638.

The district court held an evidentiary hearing regarding Anderson's motion to withdraw the plea. The district court found, as a matter of fact, that counsel had not told Anderson that he would only get credit for acceptance of responsibility if he pled guilty or that he would receive a 60-month sentence. These findings are not clearly erroneous.

The record indicates that Anderson's plea was knowing and voluntary and was made with a full understanding of the consequences. The district court did not abuse its discretion in refusing to allow withdrawal of the plea.



The panel unanimously finds this case suitable for submission without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 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 Circuit Rule 36-3