Can a defendant withdraw a guilty plea prior to sentencing?

MultiRegion, United States of America

The following excerpt is from U.S. v. Elliott, 912 F.2d 470 (9th Cir. 1990):

A district court may permit withdrawal of a guilty plea prior to sentencing upon a showing by the defendant of any fair and just reason. It is well-established that a defendant has no right to withdraw his guilty plea, and that a withdrawal motion is committed to the sound discretion of the district court. Moreover, although a motion to withdraw a guilty plea should be freely allowed, the defendant has the burden on appeal to show that the district court abused its discretion in denying the motion.

United States v. Signori, 844 F.2d 635, 637 (9th Cir.1988) (citations omitted).

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