District court did not err in rejecting guilty plea to marijuana possession charge

GUILTY PLEA United States v. Moran, No. 05-3211, ___ F.3d ___ (10th Cir. Jun. 28, 2006)(Kansas) Appeal of district court’s rejection of guilty plea to misdemeanor charge of possessing marijuana in violation of 21 U.S.C. § 844(a). HELD: Where defendant told drug counselor two days after entering guilty plea that he did not possess marijuana on date alleged, and detective testified that defendant made same statement to him before plea was entered, district court did not clearly err in determining that no factual basis existed for defendant’s plea of guilty to misdemeanor charge of marijuana possession and then withdrawing acceptance of plea. Read the opinion here.