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U.S. v. GRAY

No. 12-40795 Summary Calendar.

717 F.3d 450 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Willie Cornelius GRAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 2, 2013.

Attorney(s) appearing for the Case

Lisa Grisset Flournoy , Assistant U.S. Attorney, U.S. Attorney's Office, Lufkin, TX, for Plaintiff-Appellee.

Bernard John Shealy , Assistant Federal Public Defender, Federal Defender's Office, Beaumont, TX, Amy R. Blalock , Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before JONES, DENNIS, and HAYNES, Circuit Judges.

PER CURIAM:*

Willie Cornelius Gray challenges the district court's decision denying his motion to withdraw his guilty plea. A defendant may withdraw his plea before sentencing if he establishes "a fair and just reason for requesting the withdrawal." FED. R.CRIM.P. 11(d)(2)(B). Seven factors are relevant to the determination: (1) whether the defendant asserts his innocence, (2) whether the Government will be prejudiced, (3) whether the...

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