United States First Circuit

Conviction and sentence on drug and firearms charges is affirmed where: 1) the district court did not commit reversible error in denying defendant's motion to withdraw his guilty plea without conducting an evidentiary hearing, as defendant's allegations that his plea was not voluntary and knowing were contradicted by the record; 2) the court did not abuse its discretion in denying defendant's motion to recuse based on the court's statement about defendant in a different case, as the evidence shows that there was no likely appearance of partiality; 3) the court did not err and fail to consider mitigating evidence related to the U.S.S.G. sec. 3553(a) factors, as the record shows the court considered all of the mitigating evidence; and 4) the court did not err in imposing the mandatory minimum sentence for the firearm count under 18 U.S.C. sec. 924(c).

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Miriam Conrad, Federal Defender Office, with whom Behzad Mirhashem, were on brief for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.