The following excerpt is from U.S.A v. Mayweather, DC. No.2:08-CR-00259-JFW-1, No. 08-50449 (9th Cir. 2010):
[1] Federal Rule of Criminal Procedure 11(d)(2)(B) provides that a defendant may withdraw a plea of guilty prior to sentencing if he "can show a fair and just reason for requesting the withdrawal." We review the denial of a motion to withdraw a plea for abuse of discretion. See United States v. Ensminger, 567 F.3d 587, 590 (9th Cir. 2009). "A court abuses its discretion when it rests its decision on an inaccurate view of the law, or on a clearly erroneous finding of fact." Id. (citations and internal quotation marks omitted). However, we may affirm for any reason supported by the record. See Griffin v. Arpaio, 557 F.3d 1117, 1121 (9th Cir. 2009).
[2] "Fair and just reasons for withdrawal include inadequate Rule 11 plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea." United States v. Ortega-Ascanio, 376 F.3d 879, 883
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