United States Eighth Circuit

Denial of a motion to withdraw a guilty plea and sentence for possession of unregistered destructive devices is affirmed where: 1) defendant demonstrated competence during the plea hearing; 2) defendant's consumption of prescription medication was irrelevant since defendant told the court he was not under the influence of mind-altering substances; 3) the district court had discretion to impose a federal sentence to be served consecutively to a yet-to-be-imposed state sentence; and 4) defendant was not entitled to credit for time spent as a pretrial detainee in state custody.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

• BENTON, Circuit Judge., Before MELLOY and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ronald E. Partee, Fox Partee & Nigro, LLC, Kansas City, MO, for appellant.


• For Appellees:
  
• Rudolph R. Rhodes IV, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.