United States v. Derek E. Yell, 18 F.3d 581 (8th Cir. 1994). · Go Syfert
United States v. Derek E. Yell, 18 F.3d 581 (8th Cir. 1994). Cases Citing This Book View Copy Cite
68 citation events (21 in the last 25 years) across 7 distinct courts.
Strongest positive: Hayes v. United States (iand, 2021-04-21)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
cited Cited as authority (rule) Hayes v. United States
N.D. Iowa · 2021 · confidence medium
P. 32(e); United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994) (standard of review).
cited Cited as authority (rule) Arnold v. DMG MORI USA, Inc.
N.D. Cal. · 2020 · confidence medium
Honda Motor Co., 666 18 F.3d 581, 588 (9th Cir. 2012).
discussed Cited as authority (rule) United States v. Nicholas Beattie
8th Cir. · 2019 · confidence medium
He cites United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994), in which we concluded that the defendant’s false statement to a probation officer was not material and did not merit an obstruction of justice enhancement under § 3C1.1.
cited Cited as authority (rule) United States v. Ellison Hutchison, Jr.
8th Cir. · 2014 · confidence medium
See Fed.R.Crim.P. 11(d)(2)(B); United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994) (standard of review).
cited Cited as authority (rule) United States v. Ceneca Johnson
8th Cir. · 2014 · confidence medium
Crim.P. 11(d)(2)(B); United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994) (standard of review); United States v. Bahena, 223 F.3d 797 , 806-07 (8th Cir.2000).
discussed Cited as authority (rule) Ralbovsky v. Kane
C.D. Cal. · 2005 · confidence medium
See, e.g., Miles v. Dorsey, 61 F.3d 1459, 1470-71 (10th Cir.1995) ("Although deadlines, mental anguish, depression, and stress are inevitable hallmarks of pretrial plea discussions, such factors considered individually or in aggregate do not establish that Petitioner's plea was involuntary."), cert. denied, 516 U.S. 1062 , 116 S.Ct. 743 , 133 L.Ed.2d 692 (1996); United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994) (defendant's guilty plea was not involuntary despite claims plea was induced by stress and defendant's difficulty being separated from his family during pretrial detention). *11…
discussed Cited as authority (rule) Ralbovsky v. Kane
C.D. Cal. · 2005 · confidence medium
See, e.g., Miles v. Dorsey, 61 F.3d 1459, 1470-71 (10th Cir.1995) (“Although deadlines, mental anguish, depression, and stress are inevitable hallmarks of pretrial plea discussions, such factors considered individually or in aggregate do not establish that Petitioner’s plea was involuntary.”), cer t. denied, 516 U.S. 1062 , 116 S.Ct. 743 , 133 L.Ed.2d 692 (1996); United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994) (defendant’s guilty plea was not involuntary despite claims plea was induced by stress and defendant’s difficulty being separated from his family during pretrial dete…
discussed Cited as authority (rule) United States v. Robert J. Lacher
8th Cir. · 2005 · confidence medium
We also find that the court properly determined that Lacher’s conviction was a “crime of violence,” see Hascall, 76 F.3d at 904 (second-degree burglary of commercial building “involves conduct that presents a serious potential risk of physical injury to another” and is therefore a crime of violence), and only this court en banc may *499 revisit its holding in Hascall, see United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994).
discussed Cited as authority (rule) United States v. Ascension Soriano-Hernandez
8th Cir. · 2002 · confidence medium
Under Fed.R.Crim.P. 32(e), Defendant has the burden of showing the existence of “any fair and just reason” to permit the withdrawal of his guilty plea before his sentencing. 7 See United States v. Prior, 107 F.3d 654, 657 (8th Cir.1997) (“Rule 32(e) of the Federal Rules of Criminal Procedure provides that a district court may permit a defendant to withdraw á guilty plea ... upon a showing of ‘any fair and just reason,’and we have held that the defendant bears the burden of establishing such justification.”) (quoting United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994)).
discussed Cited as authority (rule) United States v. Joshua A. Waldman
8th Cir. · 2002 · confidence medium
The issue “ ‘is a factual question which depends largely on credibility assessments by the sentencing court,’ ” and we will only reverse the district court’s determination “if it is so clearly erroneous as to be without foundation.” United States v. Santos, 235 F.3d 1105, 1108-09 (8th Cir.2000) (quoting United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994)); see also USSG § 3E1.1, cmt. n. 5 (“[Determination of the sentencing judge is entitled to great deference on review.”).
discussed Cited as authority (rule) United States v. Joshua A. Waldman
8th Cir. · 2002 · confidence medium
The issue "'is a factual question which depends largely on credibility assessments by the sentencing court,'" and we will only reverse the district court's determination "if it is so clearly erroneous as to be without foundation." United States v. Santos, 235 F.3d 1105 , 1108–09 (8th Cir. 2000) (quoting United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994)); see also USSG § 3E1.1, cmt. n.5 ("[D]etermination of the sentencing judge is entitled to great deference on review.").
discussed Cited as authority (rule) United States v. Fausto Morales Santos (2×)
8th Cir. · 2000 · confidence medium
“Whether a defendant has accepted responsibility is a factual question which depends largely on credibility assessments by the sentencing court.” United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994).
discussed Cited as authority (rule) United States v. Fausto Santos
8th Cir. · 2000 · confidence medium
“Whether a defendant has accepted responsibility is a factual question which depends largely on credibility assessments by the sentencing court.” United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994).
cited Cited as authority (rule) United States v. Arnold Prado
8th Cir. · 2000 · confidence medium
P. 32(e); United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994) (standard of review).
discussed Cited as authority (rule) United States v. Arnold Prado (2×)
8th Cir. · 2000 · confidence medium
See Fed.R.Crim.P. 32(e); United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994) (standard of review).
discussed Cited as authority (rule) United States v. Kenny Wade Rucker
8th Cir. · 1999 · confidence medium
P. 32(e) (District Court may permit withdrawal of guilty plea upon showing of “any fair and just reason”); United States v. Morales, 120 F.3d 744, 747-48 (8th Cir. 1997) (to be proper basis for withdrawing plea, defendant’s mistaken belief must go to understanding of charged offense, not to strength of government’s case); United States v. Prior, 107 F.3d 654, 657 (8th Cir.) (standard of review; when determining whether to permit withdrawal of guilty plea, court considers whether defendant asserted innocence, length of time between guilty plea and motion to withdraw, and prejudice to go…
cited Cited as authority (rule) United States v. Richard Payton, Also Known as Cheese
8th Cir. · 1999 · confidence medium
See Fed.R.Crim.P. 32(e); United States v. Newson, 46 F.3d 730, 732 (8th Cir.1995); United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994).
cited Cited as authority (rule) United States v. Richard Payton
8th Cir. · 1999 · confidence medium
P. 32(e); United States v. Newson, 46 F.3d 730, 732 (8th Cir. 1995); United States v. Yell, 18 F.3d 581, 582 (8th Cir. 2 1994).
discussed Cited as authority (rule) United States v. Terrance Nelson
8th Cir. · 1998 · signal: cf. · confidence medium
See United States v. Wicker, 80 F.3d 263, 266, 268 (8th Cir. 1996) (standard of review; credibility determinations virtually unreviewable on appeal); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir. 1991) (district court need not inquire further, if defendant does not establish fair and just reason for withdrawal of plea), cert denied, 504 U.S. 921 (1992); cf. United States v. Yell, 18 F.3d 581, 582-83 (8th Cir. 1994) (defendant&s claim that guilty plea was induced by stress--which he supported by his attorney&s testimony--was “spurious and without credible foundation” in light of re…
discussed Cited as authority (rule) United States v. Terrance Leroy Nelson
8th Cir. · 1998 · signal: cf. · confidence medium
See United States v. Wicker, 80 F.3d 263, 266, 268 (8th Cir.1996) (standard of review; credibility determinations virtually unreviewable on appeal); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991) (district court need not inquire further, if defendant does not establish fair and just reason for withdrawal of plea), cert denied, 504 U.S. 921 (1992); cf. United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994) (defendant's claim that guilty plea was induced by stress--which he supported by his attorney's testimony--was "spurious and without credible foundation" in light of record ma…
discussed Cited as authority (rule) United States v. Allen
N.D. Iowa · 1997 · confidence medium
P. 32(e); Morales, 120 F.3d at 747 ; Prior, 107 F.3d at 657 ; Burney, 75 F.3d at 444 ; Newson, 46 F.3d at 732 ; United States v. McNeely, 20 F.3d 886, 888 (8th Cir.), cert. denied, 513 U.S. 860 , 115 S.Ct. 171 , 130 L.Ed.2d 107 (1994); United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994); United States v. Kelly, 18 F.3d 612, 618 (8th Cir.1994); Capito, 992 F.2d at 219 ; Nichols, 986 F.2d at 1201 ; United States v. Ludwig, 972 F.2d 948, 950 (8th Cir.1992).
cited Cited as authority (rule) United States v. Reed Raymond Prior
8th Cir. · 1997 · confidence medium
United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994).
cited Cited as authority (rule) United States v. Reed Raymond Prior
8th Cir. · 1997 · confidence medium
United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994).
discussed Cited as authority (rule) United States v. Morrison
4th Cir. · 1996 · confidence medium
Morrison relies on United States v. Cardona-Rivera, 64 F.3d 361, 365 (8th Cir. 1995), and United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994), both cases in which the defendant gave false information to the probation officer but voluntarily corrected it before sentencing.
discussed Cited as authority (rule) United States v. Brian Lamont Morrison
4th Cir. · 1996 · confidence medium
Morrison relies on United States v. Cardona-Rivera, 64 F.3d 361, 365 (8th Cir.1995), and United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994), both cases in which the defendant gave false information to the probation officer but voluntarily corrected it before sentencing.
discussed Cited as authority (rule) United States v. Carl D. Hopkins, Jr.
8th Cir. · 1996 · confidence medium
Hopkins's guilty plea did not automatically entitle him to the reduction, see id., comment. (n.3), and the determination as to whether he accepted responsibility is a factual question largely dependent on the district court's credibility assessment, see United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994).
discussed Cited as authority (rule) United States v. Carl D. Hopkins, Jr.
8th Cir. · 1996 · confidence medium
Hopkins's guilty plea did not automatically entitle him to the reduction, see id., comment. (n.3), and the determination as to whether he accepted responsibility is a factual question largely dependent on the district court's credibility assessment, see United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994).
discussed Cited as authority (rule) United States v. John C. Wicker
8th Cir. · 1996 · confidence medium
United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994). "[T]he `fair and just' standard is a liberal standard, [but] it does not create an automatic right to withdraw a plea." United States v. Kelly, 18 F.3d 612, 618 (8th Cir. 1994).
discussed Cited as authority (rule) United States v. John Corcoran Wicker
8th Cir. · 1996 · confidence medium
United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994). “[T]he ‘fair and just’ standard is a liberal standard, [but] it does not create an automatic right to withdraw a plea.” United States v. Kelly, 18 F.3d 612, 618 (8th Cir.1994).
discussed Cited as authority (rule) United States v. Schultz
N.D. Iowa · 1996 · confidence medium
Evans, 51 F.3d at 766 ; United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994) (quoting for this proposition United States v. Flores, 959 F.2d 83, 87 (8th Cir.), cert. denied, 506 U.S. 976 , 113 S.Ct. 469 , 121 L.Ed.2d 376 (1992)); United States v. McQuay, 7 F.3d 800, 801 (8th Cir.1993) (citing for this proposition United States v. Welna, 998 F.2d 599, 600 (8th Cir.1993)).
discussed Cited as authority (rule) United States v. Robert L. Perry (2×) also: Cited "see"
8th Cir. · 1995 · confidence medium
P. 32(e); United States v. Newson, 46 F.3d 730, 732 (8th Cir. 1995) (standard of review); United States v. Yell, 18 F.3d 581, 582-83 (8th Cir. 1994) (spurious and incredible claim that guilty plea was involuntary result of mental stress is not fair and just reason permitting withdrawal); United States v. Ludwig, 972 F.2d 948, 951 (8th Cir. 1992) (unsupported assertion of innocence not sufficient to overturn denial of motion to withdraw); United States v. Jones, 979 F.2d 317, 318 (3d Cir. 1992) (fear of punishment is inadequate reason to force government to try defendant who acknowledged his gu…
discussed Cited as authority (rule) United States v. Robert L. Perry (2×) also: Cited "see"
8th Cir. · 1995 · confidence medium
Fed.R.Crim.P. 32(e); United States v. Newson, 46 F.3d 730, 732 (8th Cir.1995) (standard of review); United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994) (spurious and incredible claim that guilty plea was involuntary result of mental stress is not fair and just reason permitting withdrawal); United States v. Ludwig, 972 F.2d 948, 951 (8th Cir.1992) (unsupported assertion of innocence not sufficient to overturn denial of motion to withdraw); United States v. Jones, 979 F.2d 317, 318 (3d Cir.1992) (fear of punishment is inadequate reason to force government to try defendant who acknowledged…
cited Cited as authority (rule) United States v. Frank Skorniak
8th Cir. · 1995 · confidence medium
United States v. Yell, 18 F.3d 581, 584 (8th Cir.1994).
discussed Cited as authority (rule) United States v. John J. Rodamaker, United States of America v. Kaye A. Rodamaker
8th Cir. · 1995 · confidence medium
The court determined that her guidelines range was 32-41 months, and sentenced her to 41 months imprisonment and a $50,000 fine, II “Whether a defendant has accepted responsibility is a factual question which depends largely on credibility assessments by the sentencing court.” United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994).
discussed Cited as authority (rule) United States v. Steven Ambrose Hernandez
8th Cir. · 1994 · confidence medium
Sec. 3E1.1, comment. (n. 5) (because sentencing judge is in unique position to evaluate defendant's acceptance of responsibility, sentencing judge's determination is entitled to great deference on review); United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994) (acceptance of responsibility is factual question which depends largely on district court's credibility assessments); United States v. Furlow, 980 F.2d 476, 476 (8th Cir. 1992) (en banc) (clear-error standard of review), cert. denied, 113 S. Ct. 2353 (1993). 4 The judgment is affirmed. 1 The Honorable Richard H.
cited Cited as authority (rule) United States v. William King, Jr.
8th Cir. · 1994 · confidence medium
U.S.S.G. § 3E1.1, comment, (n. 3); United States v. Yell, 18 F.3d 581, 584 (8th Cir.1994).
discussed Cited "see" United States v. Jonathan May
8th Cir. · 2017 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994) (holding that the defendant’s “claim that he suffered from mental stress is spurious and without credible foundation, and is not a fair and just reason to allow him to withdraw his plea”).
discussed Cited "see" United States v. Soriano-Hernandez
8th Cir. · 2002 · signal: see · confidence high
See United States v. Payton, 168 F.3d 1103, 1104-05 (8th Cir. 1999) (citing United States v. Gray, 152 F.3d 816, 819 (8th Cir. 1998)) (additional citations omitted). -7- Federal Rules of Criminal Procedure provides that a district court may permit a defendant to withdraw a guilty plea . . . upon a showing of ‘any fair and just reason,’and we have held that the defendant bears the burden of establishing such justification.”) (quoting United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994)).
discussed Cited "see" United States v. Silva-Cintora
8th Cir. · 2001 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 583 (8th Cir.1994) (standard of review; whether defendant has accepted responsibility is factual question which depends largely on credibility assessments by sentencing court); United States v. Ngo, 132 F.3d 1231, 1233 (8th Cir.1997) (affirming denial of reduction where, inter alia, defendant consciously attempted to mislead and minimize his involvement in offense; noting district court had opportunity to observe defendant’s demeanor).
discussed Cited "see" United States v. Daniel W. Anderson
8th Cir. · 2000 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 583 (8th Cir. 1994) (standard of review; whether defendant has accepted responsibility is factual question which depends largely on credibility assessments by sentencing court); United States v. Contreras, 927 F.2d 1058, 1059 (8th Cir.) (affirming denial of acceptance-of-responsibility reduction where defendant refused to admit extensive involvement in drug distribution scheme despite contrary evidence), cert. denied, 502 U.S. 929 (1991).
cited Cited "see" United States v. Frederick Leron McKnight
8th Cir. · 1999 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994) (holding that the defendant has the burden of proving a “fair and just” reason for withdrawal of a guilty plea).
discussed Cited "see" United States v. Frederick L McKnight
8th Cir. · 1999 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994) (holding that the defendant has the burden of proving a "fair and just" reason for withdrawal of a guilty plea).
cited Cited "see" United States v. Paul Wright
8th Cir. · 1998 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994). 3 Wright also contends the district court improperly denied Wright a reduction in his sentence for acceptance of responsibility.
cited Cited "see" United States v. Paul Wright
8th Cir. · 1998 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582-83 (8th Cir. 1994).
discussed Cited "see" United States v. Donny Lamer Canady
8th Cir. · 1997 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582 (8th Cir.1994) (standard of review); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991) (listing factors relevant to decision whether to allow defendant to withdraw guilty plea), cert. denied, 504 U.S. 921 (1992). 3 Next, Canady argues that the disparity between the Guidelines penalties for crack- and powder-cocaine offenses violates his right to due process and equal protection.
discussed Cited "see" United States v. Donny Lamer Canady
8th Cir. · 1997 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582 (8th Cir. 1994) (standard of review); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir. 1991) (listing factors relevant to decision whether to allow defendant to withdraw guilty plea), cert. denied, 504 U.S. 921 (1992).
discussed Cited "see" United States v. Vickie Sue Clause
8th Cir. · 1997 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582-83 (8th Cir.1994); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991), cert. denied, 504 U.S. 921 (1992); United States v. Thompson, 906 F.2d 1292, 1298-99 (8th Cir.), cert. denied, 498 U.S. 989 (1990). 6 Accordingly, we affirm. 1 The HONORABLE WILLIAM G.
discussed Cited "see" United States v. Vickie Sue Clause
8th Cir. · 1997 · signal: see · confidence high
See United States v. Yell, 18 F.3d 581, 582-83 (8th Cir. 1994); United States v. Abdullah, 947 F.2d 306, 311 (8th Cir. 1991), cert. denied, 504 U.S. 921 (1992); United States v. Thompson, 906 F.2d 1292, 1298-99 (8th Cir.), cert. denied, 498 U.S. 989 (1990).
discussed Cited "see, e.g." United States v. Dana Eller
8th Cir. · 2020 · signal: see also · confidence low
Id.; see also United States v. Yell, 18 F.3d 581 , 582–83 (8th Cir. 1994) (finding a defendant failed to meet his burden because he was fully informed, the court performed a colloquy into his understanding, and his claim of stress was “without credible foundation”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Derek E. YELL, Appellant
93-1363.
Court of Appeals for the Eighth Circuit.
Mar 9, 1994.
18 F.3d 581
1994 U.S. App. LEXIS 4095
1994 WL 68185
Counsel who presented argument on behalf of the appellant was Robert A. Montserrat of Dallas, TX. Mark W. Bubak of Omaha, NE appeared on the brief., Counsel who presented argument on behalf of the appellee was William W. Mickle II, AUSA, of Omaha, NE.
Gibson, Ross, Arnold.
Cited by 59 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Before JOHN R. GIBSON, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

ROSS, Senior Circuit Judge.

Lead Opinion

ROSS, Senior Circuit Judge.

Appellant Derek E. Yell appeals from a final judgment and sentence of conviction arguing that the district court erred in denying his motion to withdraw his guilty plea, and in overruling his objections to the Pre-sentence Investigation Report (PSI).

Appellant was indicted in a 24-count indictment, charging him and others with various drug-related crimes. According to the indictment, appellant sold powder cocaine to Michael George, also known as Silky Mac, who in turn converted the powder to crack and distributed the crack in the Omaha area.

On September 16,1992, after less than one day of jury trial, appellant agreed to plead guilty to Count I of the Second Superseding Indictment, charging him with conspiring to distribute and possess with intent to distribute cocaine and a substance or mixture which contained cocaine base.

On November 12, 1992, appellant filed objections to the PSI and requested an eviden-tiary hearing on these objections. On December 14, 1992, appellant filed a motion to withdraw his guilty plea.

Following an evidentiary hearing, the district court denied appellant’s motion to withdraw his plea, finding that he had not established a fair and just reason for withdrawal of his previously entered plea. The court also overruled his objections to the PSI, rejected a motion for a downward departure for acceptance of responsibility and imposed an upward two-point adjustment for obstruction of justice, resulting in a total offense level of 40, with an imprisonment range of 324 months to 406 months. Appellant was sentenced to 324 months incarceration, with a five-year term of supervised release.

I.

Appellant first argues that the district court erred in denying his motion to withdraw his guilty plea. Rule 32(d) of the Federal Rules of Criminal Procedure provides that “[i]f a motion for withdrawal of a plea of guilty ... is made before sentence is imposed, the court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason.” See also United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1969, 118 L.Ed.2d 569 (1992). The burden of establishing such justification is on the defendant. Review of a district court’s ruling of a motion to withdraw a plea is made under an abuse of discretion standard. United States v. Thompson, 906 F.2d 1292, 1298 (8th Cir.), cert. denied, 498 U.S. 989, 111 S.Ct. 530, 112 L.Ed.2d 540 (1990).

After being fully informed of the consequences of pleading guilty and acknowledging he understood the rights he was waiving, appellant entered his guilty plea. Appellant now argues his guilty plea was induced by stress and therefore was not voluntary. This, he argues, is a fair and just reason to withdraw his guilty plea. The only testimony offered by appellant on this claim was that of his attorney, Walter Pink, who testified that appellant had difficulty being separated from his family during his pretrial detention, that appellant had been incarcerated with other inmates who had been antagonistic towards him and that as a result he developed health problems and had lost almost forty pounds. Pink further stated that before the plea, his client was in a state of shock, confused and nervous. Appellant and Pink, however, reviewed and discussed the plea agreement before they both signed the document.

Appellant’s challenge to the district court’s denial of his motion to withdraw his guilty plea is without merit. Appellant was fully informed of the rights he was waiving and his argument that he was under stress and thus without volition in pleading guilty falls far short of the required showing of a fair and[*583] just reason to withdraw the plea. The court carefully inquired into the voluntariness of appellant’s plea and determined after extensive questioning that appellant was competent to proceed, that he understood the rights he was waiving and that no threats or promises had been made to induce his plea. Appellant’s claim that he suffered from mental stress is spurious and without credible foundation, and is not a fair and just reason to allow him to withdraw his plea. The district court did not abuse its discretion in denying the motion to withdraw the plea.

II.

Appellant also argues that his sentence violates his constitutional right to equal protection and reflects a continuing disparity of impact in sentences between black and non-black offenders. Specifically, appellant argues the disparate sentences imposed for cocaine versus cocaine base, or crack, violates equal protection laws because the majority of crack offenders are black, while the majority of powder cocaine offenders are white.

This argument has been considered and rejected by this court on more than one occasion and we may not revisit the issue absent en banc review. See, e.g., United States v. Lattimore, 974 F.2d 971, 974-76 (8th Cir.1992) cert. denied, — U.S.-, 113 S.Ct. 1819, 123 L.Ed.2d 449 (1993).

III.

Appellant next argues the district court erred in assessing a two-level penalty for obstruction of justice under U.S.S.G. § 3C1.1, which provides for an increase if the “defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice during the investigation, prosecution, or sentencing of the instant offense.” Application note 3(h) more specifically provides for such an upward adjustment where the defendant “provid[es] materially false information to a probation officer in respect to a presentence or other investigation for the court.” “Material information” is defined as information that, “if believed, would tend to influence or affect the issue under determination.” U.S.S.G. § 3C1.1, application note 5.

The district court assessed a two-point increase based on an allegedly false statement appellant made to his probation officer. According to the PSI, appellant first reported to the probation officer that he distributed one, maybe two, one-half kilos of cocaine. In his motion to withdraw his guilty plea, however, appellant later admitted that he “minimized the amount of cocaine that [he] sold to ‘Silky’ ” and he corrected his statement.

Although appellant may have minimized the drug quantity to his probation officer, it is clear that appellant had truthfully informed the court on several occasions prior to sentencing that he had sold two kilos of cocaine, the amount for which he was ultimately found to be responsible. In his guilty plea and subsequently in his motion to withdraw his plea he admitted that he had sold two kilos of cocaine. The PSI also contains a statement by appellant’s attorney that appellant admits that he sold about two kilos of low quality cocaine to Michael George over a four-month period.

Under the facts of this case, we cannot say that the appellant’s single comment to the probation officer in which he minimized the amount of cocaine was materially false information, in light of his prior truthful disclosures to the court, as well as his subsequent effort to correct the inconsistency in his statements prior to sentencing. Because the district court was accurately apprised of the amount of cocaine involved at the time of its sentencing determination, we cannot say that the comment to the probation officer was materially false as required for a sentencing enhancement under U.S.S.G. § 3G1.1, application note 3. We conclude the district court erred in enhancing appellant’s sentence for obstruction of justice.

IV.

Finally, appellant challenges the district court’s refusal to grant a two-level decrease for acceptance of responsibility under U.S.S.G. § 3E1.1. Whether a defendant has accepted responsibility is a factual question which depends largely on credibility assessments by the sentencing court. United States v. Flores, 959 F.2d 83, 87 (8th Cir.),[*584] cert. denied, — U.S.-, 113 S.Ct. 469, 121 L.Ed.2d 376 (1992). The entry of a guilty plea does not entitle a defendant to a sentencing reduction for acceptance of responsibility as a matter of right. U.S.S.G. § 3E1.1, application note 3.

In the present case, the court found that appellant did not timely provide complete information to the government concerning his own involvement in the offense and did not timely notify authorities of his intention to enter a guilty plea, which would have allowed the government to avoid trial preparation and the court to allocate its resources efficiently. Because there is ample foundation for the court’s decision, we affirm the denial of a sentence reduction for acceptance of responsibility. See United States v. Flores, supra, 959 F.2d at 88.

V.

Based on the foregoing, the judgment of the district court is affirmed with the exception of the imposition of the two-point enhancement for obstruction of justice. On this point the case is reversed and remanded to the district court for resentencing.

Dissent

MORRIS SHEPPARD ARNOLD, Circuit Judge,

dissenting.

I agree with all of the court’s opinion in this case except so much of it as reverses the assessment of a two-level penalty for the obstruction of justice. Appellant admits that he did not at first tell the probation officer the truth about the amount of cocaine that he distributed, and thus he stands convicted out of his own mouth. The amount of drugs that appellant dealt is the single most important datum in the determination of a sentence for drug dealing. The statement was therefore quite clearly one that, “if believed, would tend to influence or affect the issue under determination,” U.S.S.G. § 3C1.1, Application Note 5, since “the issue under determination” was the amount of drugs that appellant distributed. It is therefore impossible for me to conclude that the trial court erred in awarding the enhancement.

I respectfully dissent and would affirm the trial court in all respects.