Legal Opinion

United States v. Battle

Court of Appeals for the Fourth Circuit

Decided September 5, 2007No. 05-4757PublishedCited by 43 opinions

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…

2Cases cited17 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005
  4. United States v. Charles Aaron GreenCourt of Appeals for the Fourth Circuit · 2006
  5. United States v. HydeSupreme Court of the United States · 1997

12 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. HarveyCourt of Appeals for the Fourth Circuit · 2008
  2. United States v. BoulwareCourt of Appeals for the Fourth Circuit · 2010
  3. United States v. BenkahlaCourt of Appeals for the Fourth Circuit · 2008
  4. United States v. GrubbsCourt of Appeals for the Fourth Circuit · 2009
  5. United States v. JenkinsCourt of Appeals for the Fourth Circuit · 2009

38 more not listed; retrieve them via the Exa API.

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