United States v. Haubrich, No. 12-3719 (8th Cir. 2014)Annotate this Case
Defendant pled guilty to six counts related to burglary of and distribution of controlled substances. On appeal, defendant challenged the district court's denial of his motion to withdraw his guilty plea. The court concluded that plaintiff could not withdraw his guilty plea based upon his claims of ineffective assistance of counsel where he failed to assert any objections to counsel's performance at his change of plea hearing and where he understood his possible punishment; the district court did not abuse its discretion either in refusing to allow defendant to withdraw his guilty plea or by denying an evidentiary hearing; and the district court did not commit plain error during the Rule 11 plea colloquy.
Court Description: Criminal Case - conviction. District court did not abuse its discretion in denying motion to withdraw guilty plea or in failing to conduct an evidentiary hearing. Claim that plea was involuntary is reviewed for plain error. District court did not commit plain error during the Rule 11 plea colloquy.