8th Circuit upholds felon-in-possession conviction, ruling Kylir Dorsey's guilty plea was knowing and voluntary and…
United States v. Kylir Dorsey
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8th Circuit upholds felon-in-possession conviction, ruling Kylir Dorsey's guilty plea was knowing and voluntary and he had no fair reason to withdraw it.
Why it matters
The Eighth Circuit affirmed the district court's denial of Kylir Dorsey's request to withdraw his guilty plea to possessing a firearm as a felon. The court found that Dorsey's plea was knowing and voluntary, supported by a factual basis, and not the product of coercion. His own sworn statements at the plea hearing, including multiple admissions that he possessed the firearm, undercut the reasons he later offered for wanting to withdraw the plea.
Who it affects
This ruling directly affects Kylir Dorsey, who will serve his 46-month sentence. More broadly, it reinforces existing rules for defendants who plead guilty in federal court and later seek to undo that plea, particularly when their sworn statements at the plea hearing contradict their later claims.
What happens next
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Decision issued Jul 17, 2026
Unpublished opinion
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- Decision issued Jul 17, 2026Unpublished opinion
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Jul 17, 2026 · Unpublished opinion
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Kylir Dorsey pleaded guilty without a plea agreement to possessing a firearm as a felon in federal court in the Eastern District of Missouri. The district court sentenced him to 46 months in prison, a term within the recommended federal sentencing guidelines range. Dorsey later moved to withdraw his guilty plea, but the district court denied that motion, and Dorsey appealed. The Eighth Circuit reviewed the denial of the motion to withdraw under an abuse-of-discretion standard. The court concluded that Dorsey had entered his plea knowingly and voluntarily. At the plea colloquy, the record showed he had discussed the consequences of pleading guilty with his attorney, understood the elements of the charge, admitted a factual basis for the plea, and was not coerced. The court noted that statements a defendant makes under oath during a plea hearing carry a strong presumption of being truthful. Dorsey argued that his former counsel's conduct gave him a fair and just reason to withdraw the plea. The court rejected this, finding that the complained-of actions by prior counsel did not relate to the elements of the crime charged. More importantly, Dorsey's own sworn admissions at the plea hearing, where he repeatedly admitted he possessed the firearm, directly contradicted the claims he raised in his withdrawal motion. The court treated those contradictory allegations as inherently unreliable. Dorsey also appeared to raise an ineffective assistance of counsel claim not tied to the voluntariness of his plea. The court declined to address that claim on direct appeal, explaining that such claims are generally better suited for post-conviction proceedings where a fuller factual record can be developed. Defense counsel filed what is called an Anders brief, a filing used when an attorney believes there are no non-frivolous issues to appeal but still wants to protect the client's rights. After independently reviewing the record, the court agreed there were no non-frivolous issues. The judgment was affirmed and counsel was permitted to withdraw.
CITATION AND RECORD
Record source: CourtListener
United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-2619 ___________________________ United States of America Plaintiff - Appellee v. Kylir Dorsey Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 14, 2026 Filed: July 17, 2026 [Unpublished] ____________ Before LOKEN, L.R. SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Kylir Dorsey appeals after he pled guilty without a plea agreement to possessing a firearm as a felon. The district court1 sentenced him to a within- Guidelines-range prison term of 46 months. His counsel has moved for leave to 1 The Honorable Stephen R. Clark, Chief Judge, United States District Court for the Eastern District of Missouri. withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the denial of Dorsey’s motion to withdraw his plea. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Upon careful review, this court concludes that the district court did not abuse its discretion in denying Dorsey’s motion to withdraw his guilty plea. See United States v. Green, 521 F.3d 929, 931 (8th Cir. 2008) (standard of review). Rather, this court finds that Dorsey knowingly and voluntarily entered into his plea. The plea colloquy confirmed that he discussed the ramifications of pleading guilty with counsel, he understood the elements of the charge, his plea was supported by a factual basis, and he was not coerced into pleading guilty. See United States v. Osei, 679 F.3d 742, 746-47 (8th Cir. 2012) (affirming denial of motion to withdraw guilty plea where defendant testified clearly regarding the factual basis for his guilty plea, responded coherently when asked whether he had adequately conferred with counsel, and indicated he understood and accepted that his plea would be final); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (defendant’s representations during plea-taking carry a strong presumption of verity). This court also concludes that Dorsey failed to establish a fair and just reason for withdrawal of the plea. His former counsel’s complained-of actions did not relate to the elements of the charged crime, and his statements made under oath at the change-of-plea hearing—particularly, his multiple admissions that he possessed the firearm—refute the assertions in his motion. See United States v. McHenry, 849 F.3d 699, 706 (8th Cir. 2017) (allegations that contradict defendant’s statements at plea hearing are inherently unreliable); United States v. Cline, 27 F.4th 613, 616 (8th Cir. 2022) (affirming denial of motion to withdraw plea where argument was unsupported by statements made under oath at plea hearing); see also Osei, 679 F.3d at 747 (legal innocence claim that was contradictory and not credible did not render court’s refusal to allow defendant to withdraw his plea an abuse of discretion). To the extent Dorsey intended to raise a claim of ineffective assistance of counsel not directed to the voluntariness of his plea, this court declines to consider -2- such a claim on direct appeal. See United States v. Sims, 171 F.4th 1044, 1047 (8th Cir. 2026) (declining to consider such a claim, noting that these are generally reserved for post-conviction proceedings where a factual record may better be developed). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), this court finds no non-frivolous issues for appeal. The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________ -3-
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