United States Eighth Circuit

Conviction and sentence for possession of firearms and explosives is affirmed where: 1) district court did not abuse its discretion by denying defendant's motion to withdraw his guilty plea as his claim that he was unaware of the consequences of the plea is contradicted by the record; and 2) court did not err in increasing defendant's base offense level under the sentencing guidelines as the evidence was sufficient to support an enhancement under U.S.S.G. section 2K2.1(b)(3)(A) for possession of a portable rocket or missile.

Appellate Information

• Decided 04/06/2009
• Published 04/06/2009

Judges

• BOWMAN, Circuit Judge., Before RILEY, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David A. Healy, Healy & Healy, L.L.C., Springfield, MO, argued, for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.