US v. Showalter, No. 08-50109

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