United States v. Jeffers
Opinion of the Court
MEMORANDUM
John C. Jeffers appeals from the district court’s denial of his motion to withdraw his plea of guilty. His only argument on appeal is that the district court should have found that his misunderstanding regarding the sureties’ homes was a fair and just reason supporting the withdrawal of his plea.
Jeffers did not raise his current legal argument before the lower court, as required by Whittaker. Jeffers made no mention of the sureties’ properties in any of his filings before the court. Although Jeffers, in his testimony, stated that the sureties’ homes were a reason that he pled guilty, he did not state that his confusion regarding the homes was his reason for withdrawing his plea. Accordingly, we hold that Jeffers’ argument is waived.
Jeffers does not argue that any exceptions to waiver apply to his case. We
The district court’s denial of defendant’s motion is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Jeffers seems to have abandoned the argument he made before the district court—that ineffective assistance of counsel justified the plea withdrawal.
Reference
- Full Case Name
- United States v. John C. JEFFERS
- Status
- Published