The appellant challenges the court's alleged failure to rule on his pro se request to withdraw the guilty plea and seeks re-sentencing under the Fair Sentencing Act. The district court did not abuse its discretion by refusing to appoint substitute counsel or allow the appellant to file a pro se motion to withdraw his plea; the appellant will have to file a 28 U.S.C. §2255 petition in order to explore the ineffectiveness claim properly. The judgment and sentence are affirmed. 5th U.S. Circuit Court of Appeals, No. 12-30247, 04-17-2013.
United States v. Minor
April 23, 2013