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United States v. Mays

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ARGUED SEPTEMBER 10, 2009

Before MANION, SYKES, and TINDER, Circuit Judges.

Duane Mays entered an unconditional guilty plea to possession of a firearm by a felon. Prior to sentencing, he moved to withdraw his plea, arguing that the possibility of a change in Fourth Amendment law in a case pending before the Supreme Court was a fair and just reason for withdrawal. The district court denied that motion and sentenced Mays to an above-Guidelines-range term of 30 months’ imprisonment. Mays appeals the district court’s denial of his motion to with-draw and the sentence it imposed. We affirm.

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