DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
034074P.pdf 03/28/2006 United States v. Allan Mugan
U.S. Court of Appeals Case No: 03-4074
Northern District of Iowa
[PUBLISHED][Murphy, Author, with Heaney and Beam, Circuit Judges]
Criminal case - Sentencing. The record established defendant's
production of child pornography was tied to interstate commerce as the
images were stored on digital memory which had been transported in
interstate commerce; district court did not err in denying motion to
withdraw guilty plea as defendant did not establish a fair and just reason
for withdrawing the plea; applying Pirani's plain error analysis, defendant
was not entitled to Booker relief as there was no indication the district
court would have imposed a lesser sentence under an advisory guidelines
scheme; sentence was not unreasonable. Judge Heaney, concurring.
034074P.pdf 01/12/2005 United States v. Allan Mugan
U.S. Court of Appeals Case No: 03-4074
Northern District of Iowa
Criminal case - Criminal law. Constitutional challenge to child
pornography laws rejected because the convictions were clearly tied to
interstate commerce; district court did not abuse its discretion in denying
motion to withdraw guilty plea; no error in imposing enhancement for
obstruction of justice based on defendant's efforts to persuade family
members to give false exculpatory testimony.
[PUBLISHED] [Murphy, Author, with Heaney and Beam, Circuit Judges]