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U.S. v. Bates

United States Court of Appeals, Ninth Circuit
Feb 22, 2007
221 F. App'x 538 (9th Cir. 2007)

Opinion

Nos. 06-50062, 06-50073.

Argued and Submitted February 6, 2007.

Filed February 22, 2007.

U.S. Attorneys Office, USSD — Office of the U.S. Attorney, Peter Ko, Esq., United States Department of Justice, Southern District of California, San Diego, CA, for Plaintiff-Appellee.

Holly S. Hanover, Martha McNab Hall, Esq., Dilorio Hall, San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Napoleon A. Jones, District Judge, Presiding. D.C. Nos. CR-02-01822-1-NAJ, CR-02-01822-NAJ.

Before: KOZINSKI and TROTT, Circuit Judges, and BEISTLINE, District Judge.

The Honorable Ralph R. Beistline, United States District Judge for the District of Alaska, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1. The district court had jurisdiction under 18 U.S.C. § 3231 because 21 U.S.C. §§ 841, 846 are "federal laws of nationwide applicability that make actions criminal wherever committed." United States v. Begay, 42 F.3d 486, 498 (9th Cir. 1994).

2. The district court reasonably disbelieved defendants' explanations about why they pled guilty, United States v. Snider, 976 F.2d 1249, 1251 (9th Cir. 1992) ("Questions of credibility are for the district court."), and therefore did not abuse its discretion in denying their motions to withdraw.

3. The district court did not abuse its discretion in denying the application for expert funds. United States v. Labansat, 94 F.3d 527, 530 (9th Cir. 1996).

AFFIRMED.


Summaries of

U.S. v. Bates

United States Court of Appeals, Ninth Circuit
Feb 22, 2007
221 F. App'x 538 (9th Cir. 2007)
Case details for

U.S. v. Bates

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Wesley Frances BATES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2007

Citations

221 F. App'x 538 (9th Cir. 2007)