UNITED STATES v. NIEUWSMA

Nos. 85-5087, 85-5112 and 85-5127.

779 F.2d 1359 (1985)

UNITED STATES of America, Appellee, v. Willard NIEUWSMA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1985.

Rehearing Denied February 6, 1986.


Attorney(s) appearing for the Case

Gary Davis, Gregory, S.D., for appellant.

Robert A. Mandel, Asst. U.S. Atty., Pierre, S.D., for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge and WOLLMAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

Represented by retained counsel other than present appellate counsel, Willard Nieuwsma pleaded guilty to conspiracy to commit mail fraud, a violation of 18 U.S.C. § 371. He was sentenced to fifteen months imprisonment for his part in a check kiting scheme. Several weeks after the sentencing, Nieuwsma made a motion under 28 U.S.C. § 2255 to withdraw his guilty plea, claiming that his plea was not voluntary.1...

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