United States of America, Plaintiff-appellee, v. James Dunn, Defendant-appellant, 141 F.3d 1180 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 141 F.3d 1180 (9th Cir. 1998) .Submitted Mar. 10, 1998**.Decided Mar. 19, 1998

Appeal 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.

 **

The panel unanimously finds this case suitable for decision 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 9th Cir. R. 36-3

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