053738P.pdf   07/11/2006  USA  v.  Mark Davis
   U.S. Court of Appeals Case No:  05-3738
   Western District of Missouri   
   [PUBLISHED] [Arnold, Author, with Smith, Circuit Judge and
   Magnuson, District Judge]
   Criminal Case - conviction. District court's denial of motion to
   withdraw guilty plea for receiving child pornography was not an abuse of
   discretion, as defendant failed to show fair and just reason. Ineffective
   assistance of counsel is not proper based on the record. District court's
   imposition of special condition of supervised release barring
   unsupervised contact with defendant's daughter was plain error, as there
   was no evidence defendant ever abused or would try to abuse his
   daughter and condition would interfere with constitutional liberty interest
   in raising his own child. Judge Smith concurs in part and dissents from
   the finding of plain error.