Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Padilla, 107 F.3d 5 (2nd Cir. 1997):
A district court's findings of fact supporting the denial of a motion to withdraw a guilty plea are subject to the clearly erroneous standard of review, whereas the denial itself is reversed only if it constitutes an abuse of discretion. See United States v. Williams, 23 F.3d 629, 635 (2d Cir.1994).
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