FILED
NOT FOR PUBLICATION SEP 19 2012
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10597
Plaintiff - Appellee, D.C. No. 2:10-cr-00401-PMP-
PAL-1
v.
LARRY GOODALL, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted September 10, 2012**
Las Vegas, Nevada
Before: ARNOLD***, RAWLINSON, and BYBEE, Circuit Judges.
Appellant Larry Goodall (“Goodall”) appeals the district court’s denial of
his motion to withdraw his plea of guilty to one count of transportation of a minor
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Morris S. Arnold, Senior Circuit Judge for the Eighth
Circuit, sitting by designation.
for prostitution under 18 U.S.C. § 2421. The facts of this case are known to the
parties. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Federal Rule of Criminal Procedure 11(d)(2)(B), permits withdrawal if the
defendant “can show a fair and just reason” for his request. Fed. R. Crim. P.
11(d)(2)(B). “We review the denial of a motion to withdraw a plea for abuse of
discretion.” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir. 2010).
Goodall has not demonstrated a “fair and just reason” for withdrawal. There
is extensive evidence in the record demonstrating Goodall’s guilt, and Goodall
received a substantially shorter sentence than he would have had he been convicted
of the three other charges that the government dropped under the terms of the plea
agreement.
AFFIRMED.
2