United States Seventh Circuit

Conviction for receipt and possession of child pornography where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his plea, as defendant has not established that a fair and just reason for withdrawal exists; and 2) the court did not err and deny defendant his right of allocution, as it expressed clearly that it had not reached a conclusive decision regarding defendant's sentence and that it would consider the relevant sentencing factors, and gave defendant an opportunity to present witnesses and invited him to address the court.

Appellate Information

• Argued 04/07/2009
• Decided 06/25/2009
• Published 06/25/2009

Judges

• RIPPLE, Circuit Judge., Before POSNER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• George A. Norwood (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee., Robert Herman, (argued), Schwartz, Herman & Davidson, St. Louis, MO, for Defendant-Appellant.