Is a motion to withdraw a plea reviewed for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nostratis, 321 F.3d 1206 (9th Cir. 2003):
The district court's denial of a defendant's motion to withdraw a plea is reviewed for abuse of discretion. United States v. King, 257 F.3d 1013, 1022 (9th Cir.2001). The court abuses its discretion when it "rests its determination on a clearly erroneous finding of fact." United States v. Sherburne, 249 F.3d 1121, 1125 (9th Cir.2001).
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