United States v. Johnson, No. 12-2450 (8th Cir. 2013)Annotate this Case
Defendant pleaded guilty to a plea agreement to one count of possession of child pornography. On appeal, defendant argued that the district court failed to comply with Federal Rule of Criminal Procedure 11(b)(3) because his guilty plea lacked a factual basis. The court concluded that no Rule 11(b)(3) error occurred, as sufficient evidence existed from which the district court could reasonably conclude that defendant committed the charged offense. The court also concluded that the district court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea because defendant failed to establish a fair and just reason for the withdrawal of the plea. Accordingly, the court affirmed the judgment.