In a wire fraud matter, the denial of Defendant's motion to withdraw his guilty plea is affirmed, where "newly available evidence" does not constitute "newly discovered evidence" justifying withdrawal of a guilty plea. Sentence is vacated, where there was insufficient evidence to support the number of victims enhancement imposed by the District Court.
Read US v. Showalter, No. 08-50109
Appellate Information
Argued and Submitted April 8, 2009
Filed June 26, 2009
Judges
Opinion by Judge Thompson
Counsel
For Appellant:
Ezekiel E. Cortez, San Diego, CA
For Appellee:
Mieke Biesheuvel, Santa Ana, CA
