Académique Documents
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Culture Documents
No. 10-4667
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:03-cr-00014-RLV-DSC-4)
Submitted:
Decided:
July 8, 2011
PER CURIAM:
Yorby Mendoza pled guilty to one count of conspiracy
to possess
with
intent
to
distribute
violation of 21 U.S.C.
heroin
and
cocaine,
Following his
Over three
return,
the
district
court
held
in
sentencing
Upon
hearing
at
The district
Mendoza appeals.
We affirm.
is
reviewed
for
abuse
of
discretion.
United
States v.
[A] defendant
reason
his
supports
request
to
withdraw
his
plea.
Id.
court
Although
weight,
considers
all
the
the
key
six
factors
in
factors.
in
Moore,
Moore
determining
must
whether
931
be
a
F.2d
given
motion
at
248.
appropriate
to
withdraw
Cir. 1995).
Lambey, 974
that the district court did not abuse its discretion in denying
Mendozas motion to withdraw his guilty plea.
Mendoza also claims that the district court erred in
not allowing him to withdraw his guilty plea pursuant to Fed. R.
Crim. P. 11(d)(1).
his
plea
proceeding
was
conducted
by
magistrate
judge
and
and
he
was
reason or no reason.
entitled
to
withdraw
his
plea
for
any
Cir. 2008).
In
consent
to
enter
that
plea
before
the
magistrate
judge
was
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED