United States v. Terrance Wilson ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-3655
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Terrance Wilson, also known as Mutt
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: October 2, 2019
Filed: October 7, 2019
[Unpublished]
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Before LOKEN, COLLOTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Terrance Wilson appeals the district court’s1 denial of his request to withdraw
his plea and proceed to trial after he pleaded guilty to drug and firearm offenses. His
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
counsel has moved to withdraw, and has filed a brief arguing that the district court
erred by refusing to allow Wilson to withdraw his plea. Wilson has filed a motion for
appointment of new counsel.
Upon careful review, we conclude that the district court did not abuse its
discretion in refusing to allow Wilson to withdraw his plea, as the plea hearing
transcripts show that Wilson understood the plea agreement, and knowingly and
voluntarily entered into the agreement, despite his later statements at sentencing
asserting that he had not fully understood his plea agreement and that he had been
misled by his attorneys. See United States v. Green, 521 F.3d 929, 931 (8th Cir.
2008) (standard of review); United States v. Andis, 333 F.3d 886, 890-91 (8th Cir.
2003); Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and we have found no non-frivolous issues for appeal. Accordingly,
we affirm the judgment, grant counsel’s motion to withdraw, and deny Wilson’s
motion for counsel.
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