United States v. Austin Eugene Lineback

A review of the district court’s analysis makes clear that the court found that Lineback had failed to establish a “fair and just reason” for withdrawing his guilty plea under the first six Bashara factors. This court has previously held that where a defendant fails to show such a reason, the court need not consider the seventh Bashara factor of whether the withdrawal would prejudice the government. United States v. Alexander, 948 F.2d 1002, 1004 (6th Cir.1991).

In the present case, however, the district court proceeded to comment on the potential prejudice to both the government and the…