United States Eighth Circuit

Defendant's child pornography conviction and sentence are affirmed where: 1) defendant's alleged dissatisfaction with his attorney did not negate the voluntariness of his plea, and the district court properly found that it did not provide a "fair and just reason" for withdrawing it; 2) defendant's sentencing enhancement did not violate the separation-of-powers doctrine; 3) the district court properly found that defendant's reluctance to plead guilty and attempt to withdraw his plea showed he had not accepted responsibility; and 4) the court of appeals did not need to decide whether the district court erred in applying a "thing of value" enhancement because any error was harmless.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• BENTON, Circuit Judge., Before RILEY, Chief Judge, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chris Cooklin, argued, Ames, IA, for appellant.


• For Appellees:
  
• Mark Tremmel, AUSA, argued, Sioux City, IA, for appellee.