DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082756P.pdf 07/17/2009 United States v. Miles Murphy
U.S. Court of Appeals Case No: 08-2756
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
Criminal Case - conviction. District court did not abuse its discretion
in denying motion to withdraw guilty plea to possessing pseudoephedrine
with intent to manufacture methamphetamine and possessing a firearm in
furtherance of a drug trafficking crime, because defendant did not present
fair and just reason to withdraw plea based on ineffective assistance of
counsel. District court did not err in determining defendant was
competent and his plea was entered knowingly and voluntarily. Because
there was ample evidence to convict defendant of possessing a firearm in
furtherance of a drug trafficking crime, the district court did not abuse
its discretion in determining Watson v. United States did not provide a
fair and just reason for withdrawal of guilty plea.