Davenport

United States v. Davenport

Good Law
270 F. App'x 671
United States Court of Appeals for the Ninth CircuitMarch 20, 2008No. 06-30596California1,843 words

Opinion

Lead Opinion

MEMORANDUM *

Winston Davenport appeals the district court’s denial of Davenport’s motion to withdraw his guilty plea to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2) and to one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), and also appeals the 78-month sentence of incarceration that the district court imposed on him concurrently for each count. Davenport’s claim that his sentence violates the constitutional prohibition of double jeopardy is the subject of our published opinion filed contemporaneously with this memorandum disposition. We address herein Davenport’s claims: 1) that the district court improperly denied Davenport’s motion to withdraw his guilty plea; 2) that the government failed to support certain image-related enhancements in the sentence with necessary clear and convincing evidence; and 3) that a life term of supervised release is unreasonable as applied to him and an abuse of the district court’s discretion. 1 We affirm the district court.

*673 Denial of Motion to Withdraw Guilty Plea

The district court did not abuse its discretion in denying Davenport’s motion to withdraw his guilty plea…

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