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U.S. v. MAYS

No. 09-1767.

593 F.3d 603 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Duane D. MAYS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Michelle L. Jacobs, Attorney (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Thomas E. Phillip, Attorney (argued), Federal Defender Services, Green Bay, WI, for Defendant-Appellant.

Before MANION, SYKES, and TINDER, Circuit Judges.

MANION, Circuit Judge.

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...

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