United States v. Hite
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 26, 2026
Docket25-40460
StatusUnpublished
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Full Opinion
Case: 25-40460 Document: 95-1 Page: 1 Date Filed: 10/26/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-40460 October 26, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Carl Wayne Hite, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:23-CR-103-1
______________________________
Before Davis, Richman, and Oldham, Circuit Judges.
Per Curiam:*
Carl Wayne Hite, Jr., appeals his conviction for conspiracy to possess
with intent to distribute fentanyl. He raises a single issue challenging the
denial of his motion to withdraw his guilty plea.
Our review of the record shows that the district court’s assessment of
the United States v. Carr, 740 F.2d 339, 345 (5th Cir. 1984), factors was not
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-40460 Document: 95-1 Page: 2 Date Filed: 10/26/2026
No. 25-40460
based on an error of law or a clearly erroneous assessment of the evidence.
See United States v. Strother, 977 F.3d 438, 443 (5th Cir. 2020). As Hite
concedes, he did not assert his innocence. “When, as here, the district court
has already reviewed the PSR and other materials, a motion to withdraw is
disruptive to the trial docket and inconveniences the court.” See United
States v. Lord, 915 F.3d 1009, 1015 (5th Cir. 2019). Furthermore, the two-
month delay in moving to withdraw also weighed against withdrawal. See
Carr, 740 F.2d at 345. The record also demonstrates that Hite had close
assistance of counsel; he expressed satisfaction with trial counsel, who
negotiated a plea agreement, discussed the case, and explained the evidence.
See United States v. McKnight, 570 F.3d 641, 646 (5th Cir. 2009).
Furthermore, he entered a knowing and voluntary guilty plea. See United
States v. Urias-Marrufo, 744 F.3d 361, 366 (5th Cir. 2014).
Accordingly, Hite has not demonstrated that the district court abused
its discretion by denying his motion to withdraw his guilty plea. See Strother,
977 F.3d at 443. Nor has he shown that it was an abuse of discretion to deny
relief without an evidentiary hearing. See United States v. Powell, 354 F.3d
362, 370 (5th Cir. 2003).
AFFIRMED.
2