Professional Documents
Culture Documents
No. 14-4087
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam OGrady, District
Judge. (1:13-cr-00278-LO-1)
Submitted:
Decided:
PER CURIAM:
Ronnie
written
plea
violation
of
Pierre
Holmes
pled
agreement,
to
18
1591(a)
U.S.C.
sex
guilty,
trafficking
and
pursuant
of
(2012).
to
child,
in
Prior
to
sentenced
Holmes
to
term
168
months
imprisonment.
Finding no error, we
affirm.
We review for abuse of discretion the district courts
denial
of
defendants
motion
to
withdraw
his
guilty
plea.
United States v. Nicholson, 676 F.3d 376, 383 (4th Cir. 2012).
Before sentencing, a defendant may withdraw his guilty plea only
by
demonstrating
United
States
v.
fair
Bowman,
and
348
just
F.3d
reason
408,
413
for
(4th
withdrawal.
Cir.
2003)
United
States v. Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992) (en banc).
The
defendant
bears
the
heavy
F.3d
345,
348
(4th
burden
of
demonstrating
the
Cir.
2009)
(internal
quotation
marks
omitted).
A
strong
properly-conducted
presumption
that
the
Rule
plea
is
11
colloquy
final
and
raise[s]
binding,
a
and
quotation
declarations
marks
during
presumption of verity.
omitted).
the
plea
defendants
carry
strong
(1977).
We have articulated a nonexclusive list of six factors
to be considered in determining whether to permit withdrawal of
a guilty plea.
Cir. 1991).
(2)
whether
the
defendant
credibly
asserted
his
whether
withdrawal
would
prejudice
3
the
government;
and
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED