United States of America v. Timothy Has No Horses

GIBSON, Circuit Judge.

Timothy Has No Horse 2 appeals the judgment entered following his plea of guilty to a charge of assault with a dangerous weapon in violation of 18 U.S.C. §§ 113(a)(3), 1153 (1994 & Supp. IV 1998) and the order denying his motion to withdraw his plea. He argues that the district court 3 erred by not allowing him to withdraw his plea and that the government breached the plea agreement. We affirm.

On the day before trial was to have commenced, Has No Horse entered into a plea agreement that incorporated the following facts: In the late evening of June 7 and the early morning…