United States of America, Plaintiff-appellee, v. James Dunn, Defendant-appellant, 141 F.3d 1180 (9th Cir. 1998)
Annotate this CaseAppeal from the United States District Court for the District of Arizona Robert C. Broomfield, District Judge, Presiding.
Before FLETCHER, BEEZER, and LEAVY, Circuit Judges.
MEMORANDUM*
James Dunn appeals his conviction, pursuant to a guilty plea, for conspiracy to possess and possession with the intent to distribute marijuana in violation of 21 U.S.C. § 841(a) (1) and 846. This appeal was stayed pending the United States Supreme Court's decision in United States v. Hyde, --- U.S. ----, 117 S. Ct. 1630, 137 L. Ed. 2d 935 (1997). In that case, the Supreme Court held that a "defendant may not withdraw his plea unless he shows a 'fair and just reason' under Rule 32(e)." Id. at 1631. Dunn failed to establish a "fair and just reason" for withdrawing his plea, and the district court did not err in refusing his request. Id. Accordingly, his conviction is
AFFIRMED.
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