United States of America v. Larry Goodall

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Morris S. Arnold, Senior Circuit Judge for the Eighth
Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY GOODALL,
Defendant - Appellant.
No. 11-10597
D.C. No. 2:10-cr-00401-PMP-
PAL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted September 10, 2012 **
Las Vegas, Nevada
Before: ARNOLD*** , RAWLINSON, and BYBEE, Circuit Judges.
Appellant Larry Goodall (“Goodall”) appeals the district court’s denial of
his motion to withdraw his plea of guilty to one count of transportation of a minor
FILED
SEP 19 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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for prostitution under 18 U.S.C. § 2421. The facts of this case are known to the
parties. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Federal Rule of Criminal Procedure 11(d)(2)(B), permits withdrawal if the
defendant “can show a fair and just reason” for his request. Fed. R. Crim. P.
11(d)(2)(B). “We review the denial of a motion to withdraw a plea for abuse of
discretion.” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir. 2010).
Goodall has not demonstrated a “fair and just reason” for withdrawal. There
is extensive evidence in the record demonstrating Goodall’s guilt, and Goodall
received a substantially shorter sentence than he would have had he been convicted
of the three other charges that the government dropped under the terms of the plea
agreement.
AFFIRMED.

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