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Plea Withdrawal
By: Derek Hawkins//August 31, 2020//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. Kordell Payne
Case No.: 19-2384
Officials: SYKES, Chief Judge, and KANNE and BRENNAN, Circuit Judges.
Focus: Plea Withdrawal
A defendant pleaded guilty to the crime of felon in possession of a firearm. The law now requires that the defendant’s knowledge of his felon status be reviewed as part of such a plea, which was not done. We consider whether, but for that clear and obvious error, there is a reasonable probability the defendant would not have entered a guilty plea. Such a probability exists when, given the entire record, a jury might believe the defendant was plausibly ignorant of his status as a felon.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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