715 F.3d 1094
8th Cir.2013Background
- Johnson pleaded guilty to one count of possession of child pornography under 18 U.S.C. §2252(a)(4)(B) and (b)(2).
- Plea was under Rule 11(c)(1)(C); Johnson later moved to withdraw his plea; district court denied.
- Indictment alleged possession of a video produced using materials shipped in interstate commerce.
- Plea agreement paragraph 2 stated the video was produced using interstate-commerce materials; camera stored outside Minnesota.
- At change-of-plea, district court accepted the plea and Johnson received up to 36 months under the plea agreement.
- Johnson challenged on appeal the Rule 11(b)(3) factual basis and the denial of his motion to withdraw; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a sufficient factual basis under Rule 11(b)(3) for the plea? | Johnson argues no factual basis showing production via interstate materials. | Johnson contends storage alone does not satisfy production under §2252(a)(4)(B). | No Rule 11(b)(3) error; sufficient basis found. |
| Did the district court abuse its discretion in denying the motion to withdraw the plea? | Johnson asserts fair and just reason due to voluntariness concerns. | Government contends no fair and just reason; Johnson chose to proceed pro se and proceedings were proper. | No abuse of discretion; no fair and just reason shown. |
Key Cases Cited
- United States v. Koch, 625 F.3d 470 (8th Cir. 2010) (establishes production/transport element under §2252(a)(4)(B))
- Fadl v. United States, 498 F.3d 862 (8th Cir. 2007) (defines 'producing' broadly to include creating/participating in production)
- Gamble v. United States, 327 F.3d 662 (8th Cir. 2003) (Rule 11(b)(3) factual basis standard via sufficiency of evidence)
- Frook v. United States, 616 F.3d 773 (8th Cir. 2010) (Rule 11(b)(3) review; admissible evidence may establish basis)
- Heid v. United States, 651 F.3d 850 (8th Cir. 2011) (knowing and voluntary plea; Rule 11 compliance)
- Orozco–Osbaldo v. United States, 615 F.3d 955 (8th Cir. 2010) (use of plea stipulations and evidence to form factual basis)
- United States v. Cheney, 571 F.3d 764 (8th Cir. 2009) (insufficient basis analysis; corroborates permissive factual basis)