United States Eighth Circuit

Defendant's firearm possession sentence is affirmed where the district court properly imposed an obstruction of justice enhancement because: 1) Fed. R. Crim. P. 11 had no application to guilty pleas that were not the product of a plea agreement; and 2) defendant's silence or refusal to testify were not the cause of his enhanced sentence.

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

• SHEPHERD, Circuit Judge., Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ronna A. Holloman-Hughes, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Christina Y. Tabor, Asst. U.S. Atty., Kansas City, MO (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.