U.S. v. YAZZIE

No. 04-2152.

407 F.3d 1139 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald YAZZIE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 20, 2005.


Attorney(s) appearing for the Case

Nina Goodman, United States Department of Justice, Criminal Division, Washington, D.C. (David C. Iglesias, United States Attorney, Albuquerque, NM; Norman Cairns, Assistant United States Attorney, Albuquerque, NM; with her on the briefs), appearing for Plaintiff-Appellee.

Charles R. Finley, Warner & Finley, Albuquerque, NM, appearing for Defendant-Appellant.

Before TACHA, Chief Circuit Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.


TACHA, Chief Circuit Judge.

Defendant-Appellant Gerald Yazzie appeals his conviction and sentence for sexually assaulting a person under the age of twelve. He contends that the District Court erred in denying his motion to withdraw his guilty plea and that he should be resentenced in light of United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We hold that the District Court did not abuse its discretion in denying the withdrawal of...

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