United States v. Battle
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge NORTON wrote the opinion, in which Judge NIEMEYER joined. Judge GREGORY wrote a dissenting opinion.
OPINION
NORTON, District Judge:
Appellant entered a guilty plea on a single charge of possessing a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). After a thorough plea colloquy, the district court stated, “Your plea of guilty is -provisionally accepted pending receipt of a presentence investigation.” J.A. 205 (emphasis added). Appellant subsequently moved to withdraw his guilty plea under Federal Rule of Criminal Procedure 11(d). The district…
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