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U.S. v. LUMPKINS

No. 86-2706.

845 F.2d 1444 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Joe S. LUMPKINS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1988.

Attorney(s) appearing for the Case

Scott R. Shepherd, Skadden, Arps, Slate, Meagher & Flem, Chicago, Ill., for defendant-appellant.

Bradley W. Murphy, Asst. U.S. Atty., Gerald D. Fines, U.S. Atty., Peoria, Ill., for plaintiff-appellee.

Before CUMMINGS, CUDAHY and POSNER, Circuit Judges.

CUDAHY, Circuit Judge.

Joe Lumpkins asks that we allow him to withdraw his plea of guilty to four counts of sending threatening communications by mail, because the plea was entered involuntarily and lacked a sufficient factual basis. Lumpkins, acting with the assistance of counsel, pleaded guilty to four counts of an eight-count indictment charging violations of 18 U.S.C. § 876 (1982). At the sentencing hearing, where he was given a prison term that exceeded...

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