United States v. Hicks

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 20, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50166
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEPHEN JOE HICKS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-01-CR-440-ALL
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Before JONES, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
Stephen Joe Hicks appeals his guilty-plea convictions for
two counts of wire fraud in violation of 18 U.S.C. § 1343. Hicks
argues that the district court abused its discretion by denying
his motion to withdraw his guilty plea.
“[A] district court may, in its discretion, permit
withdrawal before sentencing if the defendant can show a ‘fair
and just reason.’” United States v. Powell, 354 F.3d 362, 370
(5th Cir. 2003) (citing FED. R. CRIM. P. 11(d)(2)). A review of

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No. 03-50166
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the seven relevant factors reveals that the district court did
not abuse its discretion by denying Hicks’s motion to withdraw
his guilty plea. See United States v. Carr, 740 F.2d 339, 343-44
(5th Cir. 1984).
AFFIRMED.

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