UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4100
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TODD SCOTT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:06-cr-00157-RLW)
Submitted: August 31, 2007 Decided: October 22, 2007
Before WILKINSON and GREGORY, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
I. Scott Pickus, Richmond, Virginia, for Appellant. Charles P.
Rosenberg, United States Attorney, Stephen W. Miller, Assistant
United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Todd Scott appeals his conviction and sentence following
a guilty plea to possession of a firearm by a convicted felon, in
violation of 18 U.S.C. § 922(g)(1) (2000). Scott alleges the
district court erred in denying his motion to withdraw his guilty
plea. Finding no reversible error, we affirm.
A defendant who seeks to withdraw his guilty plea before
sentencing must demonstrate a “fair and just reason” for withdrawal
of the plea. Fed. R. Crim. P. 11(d)(2)(B). A “fair and just”
reason is one that essentially “challenges the fairness of the Fed.
R. Crim. P. 11 proceeding” or “challenges the fulfillment of a
promise or condition emanating from the proceeding.” United
States v. Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992). A court
should closely scrutinize the Rule 11 colloquy and attach a strong
presumption that the plea is final and binding if the Rule 11
proceeding is adequate. Id. We review the district court’s denial
of a motion to withdraw a guilty plea for abuse of discretion.
United States v. Wilson, 81 F.3d 1300, 1305 (4th Cir. 1996). After
reviewing the record, we find that the district court did not abuse
its discretion by finding no fair and just reason for the
withdrawal of Scott’s guilty plea.
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Accordingly, we affirm Scott’s conviction and sentence.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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