U.S. v. ELLER

No. 19-1759.

955 F.3d 730 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Dana Andrew ELLER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2020.


Attorney(s) appearing for the Case

Craig Peyton Gaumer , Kristin Herrera , Mikaela Jo Shotwell , Assistant U.S. Attorneys, U.S. Attorney's Office, Des Moines, IA, for Plaintiff-Appellee.

Dana Andrew Eller, Polk County Jail, Des Moines, IA, Pro. Se.

Robert G. Rehkemper, III , Gourley & Rehkemper, West Des Moines, IA, for Defendant-Appellant.

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.


Dana Eller pleaded guilty to (1) possession of methamphetamine and marijuana with intent to distribute and (2) possession of a firearm in furtherance of a drug trafficking crime. After he reviewed his draft presentence investigation report (PSR), Eller moved to withdraw his plea. The district court1

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