FILED
NOT FOR PUBLICATION OCT 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10513
Plaintiff - Appellee, D.C. No. CV 08-00726-WHA
v.
MEMORANDUM*
RUBEN BELTRAN-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
William Alsup, District Judge, Presiding
Submitted October 5, 2010**
San Francisco, California
Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY, District
Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).
***
The Honorable Donald W. Molloy, United States District Judge for
the District of Montana, sitting by designation.
Defendant Ruben Beltran-Hernandez appeals the district court’s denial of his
motion to withdraw his guilty plea. The district court’s denial of such a motion is
reviewed for abuse of discretion. United States v. Ross, 511 F.3d 1233, 1235 (9th
Cir. 2008). Here we affirm.
Beltran-Hernandez failed to show a fair and just reason for the withdrawal of
his guilty plea. See Fed. R. Crim. P. 11(d)(2)(B); United States v. Showalter, 569
F.3d 1150, 1154 (9th Cir. 2009). He does not contest the thoroughness of the
change of plea colloquy. The district court found that, when Beltran-Hernandez
pleaded guilty, he was aware of the mandatory minimum sentence and other
consequences of his plea, he understood the questions put to him during the change
of plea hearing, and he answered in a manner that showed his appreciation of the
consequences of his plea. After an evidentiary hearing, the district court found
Beltran-Hernandez’s testimony in support of the motion to withdraw the plea was
not credible. These findings are reviewed for clear error. United States v.
McTiernan, 546 F.3d 1160, 1166 (9th Cir. 2008). We find none.
AFFIRMED.
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