Filed: Mar. 18, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1725WM _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Carlus L. Phillips, * [UNPUBLISHED] * Appellant. * _ Submitted: March 10, 1998 Filed: March 18, 1998 _ Before McMILLIAN and FAGG, Circuit Judges, and BENNETT,* District Judge. _ PER CURIAM. Carlus L. Philips pleaded guilty to being a felon in possession of a firearm. On appeal, Phillips conten
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1725WM _ United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Carlus L. Phillips, * [UNPUBLISHED] * Appellant. * _ Submitted: March 10, 1998 Filed: March 18, 1998 _ Before McMILLIAN and FAGG, Circuit Judges, and BENNETT,* District Judge. _ PER CURIAM. Carlus L. Philips pleaded guilty to being a felon in possession of a firearm. On appeal, Phillips contend..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
_____________
No. 97-1725WM
_____________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Western
v. * District of Missouri.
*
Carlus L. Phillips, * [UNPUBLISHED]
*
Appellant. *
_____________
Submitted: March 10, 1998
Filed: March 18, 1998
_____________
Before McMILLIAN and FAGG, Circuit Judges, and BENNETT,* District Judge.
_____________
PER CURIAM.
Carlus L. Philips pleaded guilty to being a felon in possession of a firearm. On
appeal, Phillips contends the district court improperly rejected his request to withdraw
his guilty plea. We disagree. Having reviewed the record, we conclude Phillips failed
to carry his burden to establish a fair and just reason to withdraw his plea and the
district court's ruling was not an abuse of discretion. The court will not consider
*
The Honorable Mark W. Bennett, United States District Judge for the Northern
District of Iowa, sitting by designation.
Phillips ineffective assistance of counsel claims on direct appeal. These claims are best
presented on motion under 28 U.S.C. ยง 2255. We thus affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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