United States Eighth Circuit

In a case where defendant moved to withdraw his guilty plea on grounds that it was not knowing and voluntary, and the factual basis of brandishing a handgun while forcing a young woman to ride with him to engage in prostitution did not establish a predicate "crime of violence", denial of the motion is affirmed where the district court reasonably determined after the change-of-plea hearing that the stated factual basis for the plea included sufficient evidence to conclude defendant likely committed the underlying offenses charged in the superseding indictment.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerry Hug, argued, Alan G. Stoler, on the brief, Omaha, NE, for appellant.


• For Appellees:
  
• Steven A. Russel, argued, Douglas R. Semisch, on the brief, AUSA, Omaha, NE, for appellee.