United States v. Terry Lee Kummer

HEANEY, Senior Circuit Judge.

Terry Lee Kummer was initially convicted by a jury in North Dakota state court of possessing cocaine with intent to deliver. On appeal, the North Dakota Supreme Court overturned his conviction, finding that Kum-mer had been entrapped as a matter of state law. Kummer was subsequently charged in federal court. After his motions for dismissal and to suppress evidence were denied, Kummer pleaded guilty to violating 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure, Kummer preserved various legal issues for…