United States v. Nicholson, No. 11-4531 (4th Cir. 2012)
Annotate this CaseDefendant plead guilty for fraudulently obtaining benefits under the Federal Employment Compensation Act (FECA), 18 U.S.C. 1920. On appeal, defendant contended, inter alia, that the district court failed to follow the mandates of Rule 11 by not advising him that his FECA benefits could be terminated as a result of his guilty plea. The court held that the loss of government benefits was a collateral consequence of defendant's plea and therefore, the district court was not required to advise him of it pursuant to Rule 11. The court also held that the district court conducted a sufficient inquiry into defendant's competence and that the district court, after carefully considering the judicially recognized factors constraining its exercise of discretion, appropriately denied defendant's motion to withdraw his guilty plea.
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