U.S. v. Hogue

Defendant was not entitled to withdraw his guilty plea to charge of receipt of child pornography while on pretrial release on different charge of receipt of child pornography, even though Dist. Ct. misstated maximum sentence applicable for said charge at change-of-plea hearing. Defendant did not move to withdraw his guilty plea in Dist. Ct., so review was limited to plain error standard, which required defendant to show existence of reasonable probability that, but for error, he would not have entered guilty plea. Moreover, while Dist. Ct. should have told defendant that instant enhancement called for up to 10-year sentence in addition to 20-year maximum sentence for receipt of child porngraphy charge, defendant failed to make said showing, where her trial would have made little strategic sense given his confession when caught downloading child pornography on pretrial release, and given monitoring software and forensic review that confirmed said downloading. Also, Dist. Ct. could  properly admit officer's testimony during sentencing regarding risk that defendant would sexual abuse child, wher Dist. ct. did not consider said testimony as expert opinion.