United States of America v. Eric John Meisner, a.k.a. Lewis Guarnieri

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC JOHN MEISNER, a.k.a. Lewis
Guarnieri,
Defendant - Appellant.
No. 07-10008
D.C. No. CR-04-01073-DGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted November 8, 2011**
Before: O’SCANNLAIN, TASHIMA, and GRABER, Circuit Judges.
Eric John Meisner appeals from the 120-month sentence imposed following
his guilty-plea conviction for possession with intent to distribute 5 kilograms or
more of cocaine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under
FILED
NOV 08 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-10008 2
28 U.S.C. § 1291, and we affirm.
Meisner contends that the district court erred by denying his motion to
withdraw his guilty plea. Specifically, Meisner claims that he did not understand
the nature of the appellate and post-conviction rights he was giving up at the time
he entered the guilty plea, due to head trauma suffered both as a child and while in
pretrial detention. In light of the district court’s factual finding that Meisner
understood that he was giving up certain rights when he entered his guilty plea, we
conclude that it did not abuse its discretion in determining that he failed to show a
fair and just reason for withdrawing his plea. See Fed. R. Crim. P. 11(d)(2)(B);
United States v. McTiernan, 546 F.3d 1160, 1167-68 (9th Cir. 2008).
Counsel’s motion to withdraw is granted.
AFFIRMED.

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