United States of America, Appellee/cross-Appellant v. Stanley Charles Stewart, Appellant/cross-Appellee

977 F.2d 81
CourtCourt of Appeals for the Third Circuit
DecidedNovember 4, 1992
Docket91-2043, 92-1003
StatusPublished
Cited by36 cases

This text of 977 F.2d 81 (United States of America, Appellee/cross-Appellant v. Stanley Charles Stewart, Appellant/cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America, Appellee/cross-Appellant v. Stanley Charles Stewart, Appellant/cross-Appellee, 977 F.2d 81 (3d Cir. 1992).

Opinions

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal the prosecution contends that the defendant’s sentence should have been enhanced under the terms of the Career Criminals Act, 18 U.S.C. § 924(e)(1). The district court held that some of the predicate convictions were flawed and could not be used to justify the mandatory minimum sentence. We conclude that three of the convictions were valid and require that we remand for resentencing.

Defendant was found guilty of possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g). Asserting that he had been convicted on four previous occasions of crimes of violence, the government asked for the imposition of a mandatory minimum sentence of 15 years under the provisions of the Career Criminals Act. Defendant asserted that some of those pri- or convictions were constitutionally defective.

At the sentencing hearing, the district court accepted the defendant’s argument in part, finding that one of the prior guilty pleas was “weak/flawed in relation to the Boykin case” and that another guilty plea [83]*83was “an old matter.” The court did not impose the mandatory minimum sentence, but instead departed upward from the Federal Sentencing Guidelines and imposed a ten year period of incarceration. Both defendant and the government have appealed.

I.

Undercover drug enforcement officers were conducting a surveillance on Tasker Street in Philadelphia, Pennsylvania, on March 10,1988, when they observed defendant park an automobile and then remain in the vicinity for approximately one and one-half hours. He cleaned out the car, spoke to people in the area, and at one point knocked on the door of 1439 Tasker Street, the residence that the agents were watching. Defendant then returned to his parked car, but continued to look in the direction of 1439 Tasker Street, as well as up and down the street. When officers approached the vehicle, one of them saw a .22 caliber revolver laying between the defendant’s legs. The agents seized the weapon and found that it was loaded.

At an in limine proceeding, the court directed the prosecution not to refer to “drugs and drug transactions.” During the government’s closing argument to the jury, the prosecutor asked rhetorically: “Isn’t that where you would have a gun if you were sitting acting as a lookout ...?” Defense counsel immediately moved for a mistrial, but the court denied the request.

As one of his grounds for appeal, defendant contends that the government’s use of the word “lookout” was unfairly prejudicial and violated the trial judge’s in limine ruling. We are unable to agree. The trial judge, who was in a far better position than we to weigh the effect of the prosecution’s argument, did not find it necessary to take any corrective action. Moreover, we do not find that the prosecutor’s remark violated the judge’s pretrial admonition, although it came close. In circumstances such as these, we defer to the discretion of the trial judge and, in that light, we find no basis for the grant of a new trial.

II.

The principal issue on this appeal is the sentence. The question is whether the defendant’s four prior convictions can serve as predicates for enhancement under the Career Criminals Act.1 The four convictions were: (1) a non-jury trial resulting in a guilty finding on June 21, 1972, in the Delaware County Court of Common Pleas, Pennsylvania (Nos. 445 and 447 May session 1970); (2) a separate case in the Delaware County Court of Common Pleas (Nos. 210 and 211 March session 1972) in which defendant pleaded guilty on March 10, 1972; (3) a guilty plea in Montgomery County, Pennsylvania, on April 24, 1972 (Nos. 158, 159, 160 and 161); and (4) a guilty plea in Atlantic County, New Jersey, on October 7, 1975 (No. 199-71-S). Defendant does not contest the Delaware County conviction resulting from the nonjury trial. The guilty plea proceedings will be discussed seriatim.

III.

At the Delaware County plea on March 10, 1972, defendant appeared with counsel and admitted burglarizing a Strawbridge & Clothier’s store. He acknowledged that he knew he had rights to a trial by jury, to refuse to testify, to confront and hear witnesses against him, and to appeal from the sentence. He was advised of the maximum sentence that could be imposed. Defendant stated that he understood that he was admitting guilt, that his statements were voluntary, and that he had not been coerced to enter his plea nor promised any particular sentence. The court also heard testimony from police officers on the details of the burglary and the defendant’s apprehension at the scene.

[84]*84Defendant now asserts that the plea was faulty because the court failed to inquire into his mental health status and history of drug abuse. In United States v. Cole, 813 F.2d 43, 45-46 (3d Cir.1987), we set aside a guilty plea because the trial judge failed to make further inquiries about the defendant’s competency after he admitted ingesting drugs the night before the plea took place. That case is distinguishable from the Delaware County case where nothing about drug abuse was brought to the attention of the trial judge. Although the practice in federal courts, generally, is to inquire about drug ingestion, in the absence of any notice to the court, there is no constitutional obligation on the states to make such an inquiry. We conclude that the Delaware County guilty plea was constitutionally valid and could be considered for enhancement purposes.

IV.

Although the Delaware County plea proceeding was comprehensive, the one in Montgomery County on April 24, 1972, some six weeks later, was less thorough. During the plea colloquy, defendant answered affirmatively when asked if he was satisfied with defense counsel’s representation. He stated that he understood he was charged with burglary, that the maximum sentence was ten years, that coercion had not led to the plea, that he had the right to a jury trial, and that he admitted the charges. The court did not ask whether defendant was aware of his rights of confrontation and cross-examination, and his privilege against self-incrimination. At the hearing, police officers testified about the facts of the offense.

In Boykin v. Alabama, 395 U.S. 238, 239, 89 S.Ct. 1709, 1710, 23 L.Ed.2d 274 (1969), the Supreme Court, in a direct appeal, considered the validity of a guilty plea in which “[s]o far as the record shows, the judge asked no questions of petitioner concerning his plea, and petitioner did not address the court.” The Court found plain error in the trial judge’s failure to develop an affirmative showing that the plea was intelligent and voluntary. Id. at 242, 89 S.Ct. at 1711. The Supreme Court made it clear that it could not presume from a “silent record” a waiver of three important constitution rights — the privilege against compulsory self-incrimination, the right to a trial by jury, and the right to confront one’s accusers. Id. at 243, 89 S.Ct. at 1712. The trial judge was to make certain that the accused “has a full understanding of what the plea connotes and of its consequence.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
977 F.2d 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-appelleecross-appellant-v-stanley-charles-ca3-1992.