U.S. v. Tovar

In prosecution on drug and firearm charges, Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea to two unlawful possession of firearm charges. While defendant maintained that he should have been given opportunity to present evidence at hearing that he was justified in possessing said firearms, where he had been subject to prior death threat, defendant was not entitled to such hearing, where he had failed to establish what he would have presented at any hypothetical hearing in addition to the evidence he presented at hearing on his motion to withdraw his guilty plea, Also, record failed to establish existence of necessity defense to support withdrawal of guilty plea, where death threat cited by defendant to support guilty plea withdrawal was too stale at time of defendant’s possession of firearm. Moreover, lack of necessity defense precluded defendant from prevailing on any ineffective assistance of counsel claim.