083254P.pdf   10/08/2009  United States  v.  Mack Davis, Jr.
   U.S. Court of Appeals Case No:  08-3254
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
   Criminal Case - conviction and sentence. Conviction and 293-month
   sentence for distributing crack cocaine are affirmed. District court did
   not abuse its discretion in denying motion to withdraw guilty plea. 
   Defendant waived his attorney-client privilege after voluntarily testifying
   about his communications at his first hearing and based on his claim he
   received erroneous advise. Misunderstanding of plea agreement is not
   grounds to withdraw plea; claim of ineffective assistance of counsel may
   be reviewed because the record is developed and the claim fails. Court
   need not determine whether district court erred in finding Davis was a
   career offender, based on state court conviction for indecent contact with
   a child, because any error was harmless; district court explicitly stated
   it would sentence Davis to same 293 months even he were not a career
   offender. District court did not plainly err in adopting allegations in
   PSR because Davis did not make specific and clear objections sufficient
   to put government on notice of contested allegations. District court did
   not clearly err in imposing obstruction of justice enhancement, or
   enhancement for being an organizer, leader, manger or supervisor of one
   other person. District court did not abuse its discretion in finding
   Davis failed to make a requisite prima facie showing and refused to compel
   government to make a motion under 5K1.1. Sentence was not
   unreasonable.