Scribd Logo
Upload

Welcome to Scribd!

  • United States v. La Barbra Jones, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    8 views3 pages
    This document summarizes a United States Court of Appeals case. La Barbra Jones appealed her 33-month sentence for filing false tax returns and assisting in filing false tax returns. Jones alleged that the district court erred in denying her motion to withdraw her guilty plea that she had entered before a magistrate judge. The Court of Appeals affirmed the district court's denial, finding no abuse of discretion after the district court thoroughly considered the six factors for ruling on such a motion and found Jones did not establish a fair reason to withdraw her plea as required. The Court of Appeals affirmed the district court's ruling.

    Original Description:

    Filed: 2012-02-15 Precedential Status: Non-Precedential Docket: 11-4682

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a United States Court of Appeals case. La Barbra Jones appealed her 33-month sentence for filing false tax returns and assisting in filing false tax returns. Jones alleged that the district court erred in denying her motion to withdraw her guilty plea that she had entered before a magistrate judge. The Court of Appeals affirmed the district court's denial, finding no abuse of discretion after the district court thoroughly considered the six factors for ruling on such a motion and found Jones did not establish a fair reason to withdraw her plea as required. The Court of Appeals affirmed the district court's ruling.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    8 views3 pages

    United States v. La Barbra Jones, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. La Barbra Jones appealed her 33-month sentence for filing false tax returns and assisting in filing false tax returns. Jones alleged that the district court erred in denying her motion to withdraw her guilty plea that she had entered before a magistrate judge. The Court of Appeals affirmed the district court's denial, finding no abuse of discretion after the district court thoroughly considered the six factors for ruling on such a motion and found Jones did not establish a fair reason to withdraw her plea as required. The Court of Appeals affirmed the district court's ruling.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-4682

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    LA BARBRA JONES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, Chief
    District Judge. (3:10-cr-00085-JRS-2)

    Submitted:

    January 26, 2012

    Decided:

    February 15, 2012

    Before NIEMEYER, DUNCAN, and DIAZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Mark Yurachek, THE LAW OFFICES OF MARK ALLEN YURACHEK &


    ASSOCIATES, LLC, Atlanta, Georgia, for Appellant.
    Neil H.
    MacBride, United States Attorney, N. George Metcalf, Richard D.
    Cooke, Assistant United States Attorneys, Richmond, Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    La Barbra Jones appeals from her 33-month sentence for
    three counts of filing false tax returns, in violation of 26
    U.S.C.

    7206(1)

    (2006)

    (Counts

    2,

    3,

    4),

    and

    one

    count

    of

    assisting in filing false tax returns, in violation of 26 U.S.C.


    7206(2) (2006) (Count 64).
    district

    court

    erred

    by

    On appeal, Jones alleges that the

    denying

    her

    motion

    to

    withdraw

    guilty plea she had entered before a magistrate judge.

    the

    For the

    reasons that follow, we affirm.


    We

    discern

    no

    abuse

    of

    discretion

    by

    the

    district

    court in its denial of Jones motion to withdraw her guilty


    plea.
    Cir.

    See United States v. Ubakanma, 215 F.3d 421, 424 (4th


    2000)

    (providing

    review

    standard).

    After

    thorough

    hearing on the matter and consideration of the six factors set


    out in United States v. Moore, 931 F.2d 245, 248 (4th Cir.
    1991), the district court found that Jones failed to establish a
    fair

    and

    just

    reason

    to

    support

    her

    request

    to

    withdraw

    as

    required under Fed. R. Crim. P. 11(h).


    Accordingly,

    we

    affirm.

    We

    dispense

    with

    oral

    argument because the facts and legal contentions are adequately

    Jones waived her right to plead guilty before a district


    court judge and had her plea hearing conducted by a magistrate
    judge. (J.A. 5; R. 39).

    presented in the materials before the court and argument would


    not aid the decisional process.
    AFFIRMED

    You might also like