United States v. Ramadan

U.S. Court of Appeals for the Ninth Circuit
United States v. Ramadan, 235 F. App'x 545 (9th Cir. 2007)

United States v. Ramadan

Opinion of the Court

MEMORANDUM ***

Jamal Ramadan appeals the district court’s denial of his motion to withdraw his guilty plea, claiming ineffective assistance of counsel.

The district court did not abuse its discretion in denying Ramadan’s motion to withdraw his guilty plea. The district court acted within its discretion when it rejected Ramadan’s post-plea declaration and credited Ramadan’s testimony at his plea hearing. See United States v. Nostratis, 321 F.3d 1206, 1210 (9th Cir. 2003); see also United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984) (“The [district] court [is] entitled to credit [defendant’s] testimony at the Rule 11 healing over her subsequent affidavit.”) (citations omitted); Shah v. United States, 878 F.2d 1156, 1162 (9th Cir. 1989) (“Solemn declarations in open court carry a strong presumption of verity.”) (citation and alteration omitted).

AFFIRMED.

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

Reference

Full Case Name
United States v. Jamal RAMADAN, aka Marc Badr Alayche Daniel Alayche Yolla Hassan
Status
Published