DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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133769P.pdf 04/10/2015 United States v. Billie Batemon
U.S. Court of Appeals Case No: 13-3769
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Criminal case - Criminal law. District court's action in relieving
defendant's counsel of his appointment after the court imposed sentence on
defendant did not prejudice defendant; an argument that defendant meant to
move to withdraw his plea by his comments, in which he complained about
counsel's handling of the case and asserted his innocence, and was
prejudiced because an attorney would have better formulated the request,
is rejected as Fed. R. Crim. P. 11(3) forbids the withdrawal of a plea
after sentence is imposed; while the district court did not provide
defendant the information required under Rule 11(b)(1)(M), defendant has
failed to show that absent this error he would have proceeded to trial,
and the error was harmless; while the district court did not technically
comply with Rule 32(i)(1)(A)'s requirement that the court verify that
defendant had read and discussed the presentence report with counsel, the
error did not affect any substantial right.