U.S. v. SCHMIDT

Docket No. 03-1690.

373 F.3d 100 (2004)

UNITED STATES of America, Appellee, v. John J. SCHMIDT, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 3, 2004.

Opinion Filed: June 24, 2004.


Attorney(s) appearing for the Case

Elizabeth S. Riker, Assistant United States Attorney for the Northern District of New York (Glenn T. Suddaby, United States Attorney, Brenda K. Sannes, Assistant United States Attorney, of counsel), Syracuse, NY, for Appellee.

Frank Policelli, Utica, NY, for Defendant-Appellant.

Before: McLAUGHLIN and SACK, Circuit Judges, and GERSHON, District Judge.


PER CURIAM.

BACKGROUND

The defendant-appellant, John J. Schmidt, Jr., appeals from the district court's denial of his motion to withdraw his guilty plea pursuant to Rule 32(e) (now Rule 11(d)) of the Federal Rules of Criminal Procedure. Schmidt is one of a large number of people who were convicted of possessing child pornography following an investigation by federal law-enforcement authorities into the "Candyman Group," a free Internet service that enabled...

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