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U.S. v. MORRISON

No. 91-2759.

967 F.2d 264 (1992)

UNITED STATES of America, Appellee, v. Sanford R. MORRISON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1992.

Attorney(s) appearing for the Case

Al Arendt, Pierre, S.D., argued, for appellant.

David L. Zuercher, Pierre, S.D., argued (Philip N. Hogen, on brief), for appellee.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

This direct appeal raises a difficult issue under Rule 32(d) of the Federal Rules of Criminal Procedure — whether the district court1 abused its discretion in denying, without an evidentiary hearing, Sanford R. Morrison's pre-sentence motion to withdraw his plea of guilty to attempted sexual abuse on the ground that the Presentence Report contained newly discovered evidence that the prosecuting witness had...

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