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.
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.