What is the test for abuse of discretion in a motion to withdraw a guilty plea?

MultiRegion, United States of America

The following excerpt is from United States v. Garcia-Lopez, 903 F.3d 887 (9th Cir. 2018):

"[W]e review a district courts denial of a motion to withdraw a guilty plea for abuse of discretion." United States v. Yamashiro , 788 F.3d 1231, 1236 (9th Cir. 2015) (citation omitted). "A court abuses its discretion when it rests its decision

[903 F.3d 891]

on an inaccurate view of the law ... or on a clearly erroneous finding of fact." United States v. Ensminger , 567 F.3d 587, 590 (9th Cir. 2009) (citations and internal quotation marks omitted).

Other Questions


Is a motion to withdraw a guilty plea for abuse of discretion a pre-sentence motion? (MultiRegion, United States of America)
What is the test for denying a motion to withdraw a guilty plea for abuse of discretion? (MultiRegion, United States of America)
What is the test for a motion to withdraw a guilty plea for abuse of discretion? (MultiRegion, United States of America)
Is a motion to withdraw a guilty plea reviewed for abuse of discretion? (MultiRegion, United States of America)
Can a motion to withdraw a guilty plea for abuse of discretion be denied? (MultiRegion, United States of America)
What is the standard of review for a motion to withdraw a guilty plea for abuse of discretion? (MultiRegion, United States of America)
Can a defendant withdraw a plea of guilty prior to sentencing for abuse of discretion? (MultiRegion, United States of America)
What is the test for a motion to withdraw a guilty plea for abuse of power? (MultiRegion, United States of America)
Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
Does a motion to withdraw a plea of no confidence in a federal criminal case have jurisdiction to withdraw such a plea? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.