United States Fourth Circuit

Conviction and sentence based on guilty plea to possessing a firearm are affirmed over claims that the district court erred by: 1) not recognizing defendant's unconditional right to withdraw the plea under Rule 11(d)(1) as the court had not yet accepted the guilty plea; and 2) committing a number of errors in imposing a 120-month term of incarceration, a sentence at the bottom of the Guidelines range.

Appellate Information

• Decided 09/05/2007
• Published 09/05/2007

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant.  Miller A. Bushong, III, Assistant United States Attorney, Office of the United States Attorney, Beckley, West Virginia, for Appellee.   ON BRIEF:  Charles T. Miller, Acting United States Attorney, Charleston, West Virginia, for Appellee.