United States Seventh Circuit

Denial of petition to withdraw guilty pleas and sentence of 240 months for stabbing correctional officers is affirmed where: 1) ruling that defendant did not have a fair and just reason to withdraw the pleas was not an abuse of discretion; 2) Rule 32(h)'s notice requirement does not apply to sentence variations based on 18 U.S.C. 3553(a); and 3) sentence was reasonable.

Appellate Information

• Argued 10/24/2005
• Decided 05/17/2006
• Published 05/17/2006

Judges

• SYKES, Circuit Judge., Before POSNER, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• James M. Warden (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.