United States v. Bruce Strickland

Summary

Bruce Strickland pleaded guilty to aiding and abetting the distribution of fifty grams or more of methamphetamine under a plea agreement, but at allocution he denied involvement with the seized drugs; after the district court said it could not in good conscience sentence him and retracted its approval of the plea agreement, Strickland moved to withdraw his plea, proceeded to trial, and was convicted on all four counts with a 360-month sentence. The Eighth Circuit held that by withdrawing his plea Strickland breached the plea agreement and waived any claim about the court's retraction of its approval, that his withdrawal was not coerced because he retained the options to stand on his plea or seek enforcement and review, and that his allocution statements were properly admitted at trial because he made them voluntarily with advice of counsel and his plea agreement waived Rule 410 protection upon breach. The judgment was affirmed.