United States v. Joseph Robert Devins

Joseph R. Devins appeals from the district court’s 1 denial of his presentence motion to withdraw a plea of guilty. We affirm the district court.

Devins was charged in a two-count indictment on April 7, 1980. Count I stated that Devins engaged in the business of dealing in firearms without a license, in violation of 18 U.S.C. §§ 922(a)(1), 923. Count II charged the defendant, a convicted felon, with transporting a firearm in interstate commerce in violation of 18 U.S.C. § 922(g)(1).

On June 9, 1980, which was scheduled to be the first day of trial, the defendant pleaded guilty to Count II based…