Eighth Circuit: United States v. Donald Harvey

F.R.Crim.P, Double Jeopardy, Sentencing


No abuse of discretion in denial of permission to withdraw nolo contendre plea where deft subsequently professes innocence, claims to have been unaware of the subpoena power, and claims that evidence was manufactured.

Simultaneously charging receipt and possession under separate statutes was still Double Jeopardy.

Concurrence: No resentencing necessary where the sentences were set to run concurrently.



United States  v.  Donald Harvey