- 11 - 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 withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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