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Criminal Law: Possession with Intent to Distribute-Below-Guidelines Sentence-Voluntariness of Guilty Plea
Staff Report//April 19, 2023//
Criminal Law: Possession with Intent to Distribute-Below-Guidelines Sentence-Voluntariness of Guilty Plea
Staff Report//April 19, 2023//
Defendant appealed from the below-Guidelines sentence imposed following his guilty plea to drug and firearms offenses. Defendant challenged the substantive reasonableness of his sentence and, in a pro se supplement, argued that his indictment was defective and that his guilty plea was involuntary because he was medicated and his counsel told him he would receive a lesser sentence.
Where defendant confirmed that his medication did not affect his mental capacity, there was no basis to challenge his guilty plea, which also waived any defects in the indictment, and the district court presumptively imposed a reasonable sentence by sentencing defendant below the Guidelines range.
Judgment is affirmed.
U.S. v. Wynn (MLW No. 79728/Case No. 22-3059 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Rose, J.
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