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.
123316P.pdf 05/13/2013 United States v. Frank Martin
U.S. Court of Appeals Case No: 12-3316
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Bright, Author, with Riley, Chief Judge, and Benton,
Circuit Judge]
Criminal case - Criminal law. While the court erred by failing to notify
defendant of the fifteen-year statutory maximum on his felon in
possession of a firearm charge, the error did not affect his substantial
rights as his sentence would remain at 20 years even without the fifteen-
year term on this count; defendant failed to make a showing that he
would not have pleaded guilty if he had been properly informed; while
there was no basis in the record here for a claim of ineffective assistance
of counsel, the issue should be raised in a Section 2255 proceeding
because such claims require development of facts outside the original
record.