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151215P.pdf   04/12/2016  United States  v.  Garron Briggs
   U.S. Court of Appeals Case No:  15-1215
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Colloton, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea as it was knowing and voluntary and he had been advised as to the possible penalties he faced; misapprehension of the applicable guidelines is not a fair and just reason to withdraw a plea of guilty; ineffective assistance of counsel claim would not be considered on direct appeal; applying the cross-reference to Guidelines Sec. 2A1.1 does not violate the Sixth Amendment because the section neither increases the penalty beyond the statutory maximum nor increases the mandatory minimum.