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164008P.pdf 01/05/2018 United States v. Robert Sharp
U.S. Court of Appeals Case No: 16-4008
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Wollman,
Circuit Judge]
Criminal case - Criminal law. The district court did not abuse its
discretion by denying defendant's motion to withdraw his guilty plea to
charges that he conspired to manufacture and distribute a controlled
substance and possessed controlled substances with intent to distribute;
claims that his attorney had a conflict of interest because he was a vital
witness as to defendant's mens rea rejected as defendant had failed to
show that counsel's advice to plead guilty was linked to the conflict;
claim that counsel rendered ineffective assistance by misinforming
defendant about willful blindness rejected as counsel reasonably believed
the government could show that defendant had actual knowledge that the
substance he was distributing was a controlled substance; further, there
was a factual basis for the plea; the evidence elicited at sentencing
neither rehabilitated defendant's credibility not undermined the evidence
of his guilt, and the district court did not err in failing to sua sponte
reconsider the motion to withdraw the plea.