United States of America v. Eugene P. Patterson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EUGENE P. PATTERSON,
Defendant - Appellant.
No. 13-10142
D.C. No. 4:11-cr-03745-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Eugene P. Patterson appeals from the district court’s judgment and
challenges his guilty-plea conviction for assault on a federal officer, in violation of
18 U.S.C. § 111(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Patterson challenges the district court’s denial of his motion to withdraw his
FILED
JAN 22 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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guilty plea. The district court did not abuse its discretion in determining that
Patterson had failed to demonstrate a fair and just reason for requesting withdrawal
of his plea. See Fed. R. Crim. P. 11(d)(2)(B); United States v. Ortega-Ascanio,
376 F.3d 879, 883 (9th Cir. 2004) (stating standard of review).
AFFIRMED.
13-10142 2

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