John L. Boettner, Jr. - Page 11

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               may not be avoided by an assertion of innocence.  As                   
               long as the guilty plea represents a voluntary and                     
               intelligent choice among alternative courses of action                 
               open to the defendant, * * * and a sufficient factual                  
               basis exists to support the plea of guilt, * * * the                   
               collateral consequences flowing from an Alford plea are                
               the same as those flowing from an ordinary plea of                     
               guilt.  Were this not so, defendants pleading guilty                   
               would routinely proclaim their innocence to reap two                   
               benefits:  (1) the avoidance of a trial and a possible                 
               reduction in sentence, and (2) the extinguishment of                   
               all collateral consequences of their plea. * * * [Blohm                
               v. Commissioner, 994 F.2d 1542, 1554 (1993)(citations                  
               omitted), affg. T.C. Memo. 1991-636.]                                  
          See also Yarbrough Oldsmobile Cadillac, Inc. v. Commissioner,               
          supra; Lackey v. Commissioner, T.C. Memo. 1977-213.                         
               In this case petitioner has not presented any evidence that            
          the plea was entered involuntarily.  Additionally, petitioner's             
          arguments were thoroughly rejected by the District Court when               
          evaluating petitioner's motion to vacate his conviction.  The               
          order of the District Court denying that motion was affirmed by             
          the Court of Appeals for the Fourth Circuit stating "The court              
          found there was a factual basis for the plea and that the                   
          movant's plea was entered freely and voluntarily, and with full             
          knowledge of the consequences of the plea".                                 
               Petitioner argues respondent is barred from asserting                  
          collateral estoppel.  Petitioner claims the Government waived               
          collateral estoppel under the plea agreement.  Petitioner relies            
          on this pertinent language: "This agreement does not preclude Mr.           
          Boettner from pursuing any appeal rights he may have civilly with           






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