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No. 06-4792
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg.
Norman K. Moon, District
Judge. (6:05-cr-00006-NKM)
Submitted:
April 9, 2007
Decided:
May 3, 2007
PER CURIAM:
Ciro
distribute
Gamaliel
Garcia
methamphetamine,
28
pled
guilty
U.S.C.
to
846
conspiracy
(2000),
and
to
was
the district court should have allowed him to withdraw his guilty
plea because he allegedly did not understand the plea agreement.
We affirm.
I.
Our review is for abuse of discretion.
See United
Id.
Withdrawal
The defendant
bears the burden of showing a fair and just reason for the
withdrawal of his plea.
[A] fair
An appropriately
consider
six
factors
in
Id.
determining
whether
whether
withdrawal
will
cause
prejudice
to
the
government; and (6) whether withdrawal will inconvenience
the court and waste judicial resources.
Ubakanma, 215 F.3d at 424 (quoting United States v. Moore, 931 F.2d
245, 248 (4th Cir. 1991)(footnote omitted)).
With these factors in mind, we have reviewed the record
and the parties briefs on appeal.
II.
Accordingly, we affirm Garcias conviction.
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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