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US v. Murphy, No. 08-2756

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By FindLaw Staff on July 17, 2009 3:39 PM

Conviction for drug crimes and firearms possession is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea as he did not present a fair and just reason to withdraw the plea based on ineffective assistance of counsel; 2) the court did not err in determining that defendant was competent and his plea was entered knowingly and voluntarily; and 3) the court did not abuse its discretion in determining the Watson decision did not provide a fair and just reason for withdrawal of defendant's guilty plea for possession of a firearm in furtherance of a drug trafficking crime as there was ample evidence to convict him of the crime. 

Read US v. Murphy, No. 08-2756

Appellate Information
Appeal from the United States District Court for the Northern District of Iowa.
Submitted: May 13, 2009
Filed: July 17, 2009

Judges
Before RILEY, SMITH, and COLLOTON, Circuit Judges
Opinion by RILEY, Circuit Judge.

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