United States Second Circuit

Conviction for being a felon in possession of a firearm is affirmed where the district court did not abuse its discretion in denying defendant's motion to withdraw his plea without conducting an evidentiary hearing because, on the basis of undisputed facts, the court permissibly found that defendant's plea was entered voluntarily.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• COTE, District Judge:, Before:  KEARSE and POOLER, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Harry A. Chernoff, Esq., U.S. Attorney's Office, SDNY, New York, NY, for Appellee., Janeanne Murray, Esq., Law Office of Janeanne Murray, New York, NY, for Defendant-appellant.