United States of America v. Ricardo Sanchez-Lopez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICARDO SANCHEZ-LOPEZ,
Defendant - Appellant.
No. 09-30133
D.C. No. 1:07-CR-00282-BLW
MEMORANDUM *
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Ricardo Sanchez-Lopez appeals from the district court’s denial of his motion
to withdraw his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291,
and we affirm.
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-30133
Sanchez-Lopez contends that the district court erred when it refused to grant
his motion to withdraw his guilty plea. The district court did not abuse its
discretion when it concluded that Sanchez-Lopez’s belief that a witness would not
cooperate with the government was not a fair and just reason for withdrawing his
guilty plea. See Fed. R. Crim. P. 11(d)(2)(B); see also United States v. Vasquez-
Velasco, 471 F.2d 294, 294-95 (9th Cir. 1973) (per curiam). Further, the record
supports the district court’s conclusion that there was no indication that the witness
would testify on Sanchez-Lopez’s behalf or exonerate him. Finally, Sanchez-
Lopez admitted on more than one occasion that he had procured and delivered
methamphetamine and accepted firearms and payment.
AFFIRMED.

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