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U.S. v. NICHOLSON

No. 11-4531.

676 F.3d 376 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Lester NICHOLSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 18, 2012.

Attorney(s) appearing for the Case

ARGUED: Jessica Ann Salvini , Salvini & Bennett, LLC, Greenville, South Carolina, for Appellant. William Jacob Watkins, Jr. , Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: William N. Nettles , United States Attorney, Columbia, South Carolina, David C. Stephens , Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge KEENAN and Judge DIAZ joined.

OPINION

DUNCAN, Circuit Judge:

Appellant Lester Nicholson was indicted for fraudulently obtaining benefits under the Federal Employment Compensation Act ("FECA"). Nicholson pleaded guilty at a plea hearing, during which the district court conducted a colloquy pursuant to Federal Rule of Criminal Procedure 11.

Subsequently, Nicholson sought to withdraw his guilty plea, apparently because he received a letter stating that his government benefits would...

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