U.S. v. Newman

Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea to unlawful possession of firearms charge, where defendant asserted that record did not establish factual basis for said charge during plea colloquy given defendant’s contention that he was only in proximity to third-party, who possessed firearm during car jacking. Facts related during plea colloquy indicated that defendant and third-party undertook joint criminal activity when committing car jacking and subsequently fleeing from authorities to avoid capture. As such, defendant was liable for acts of third-party, who, with defendant’s knowledge, used firearm to advance joint venture of fleeing from authorities.