United States Eighth Circuit

Denial of a motion to withdraw defendant's guilty plea following a plea to possession of a firearm by a felon with three previous felony convictions is affirmed where there was no abuse of discretion in the denial as, contrary to defendant's claim that no factual basis existed to establish his guilt of possessing a firearm, a sufficient factual basis existed to establish defendant constructively possessed the firearm.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Clemens A. Erdahl, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Charles J. Williams, Assistant U.S. Attorney, argued, Cedar Rapids, IA, for appellee.