In a wire fraud matter, the denial of Defendant's motion to withdraw his guilty plea is affirmed, where "newly available evidence" does not constitute "newly discovered evidence" justifying withdrawal of a guilty plea. Sentence is vacated, where there was insufficient evidence to support the number of victims enhancement imposed by the District Court.
Argued and Submitted April 8, 2009
Filed June 26, 2009
Opinion by Judge Thompson
Mieke Biesheuvel, Santa Ana, CA