United States v. Beasley

73 F. App'x 119
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 4, 2003
DocketNo. 02-5299
StatusPublished
Cited by1 cases

This text of 73 F. App'x 119 (United States v. Beasley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Beasley, 73 F. App'x 119 (6th Cir. 2003).

Opinion

KEITH, Circuit Judge.

Defendant-Appellant Melvin Beasley (“Beasley”) appeals the denial of his motion to withdraw his plea of guilty to three counts of possession with intent to distribute cocaine and cocaine base. On appeal, Beasley argues that the district court abused its discretion in denying his motion because he demonstrated “fair and just reason” for withdrawing his plea. For the reasons set forth below, we AFFIRM the district court’s order.

I. BACKGROUND

On July 28, 2000, after receiving numerous complaints concerning Beasley’s drug related activities, a confidential informant (“Cl”) went to Beasley’s residence in La-Grange, Tennessee, for the purpose of purchasing crack from Beasley. The Cl wore a tape recording device during the transaction. After the transaction, the Cl advised the special agents that he purchased eleven grams of cocaine base from Beasley, and that Beasley possessed a gallon sized Ziploc bag almost full of powder cocaine, and several ounces of crack cocaine in a tin can. A warrant to search Beasley’s residence was issued within seventy-two hours of this transaction. Upon executing the search warrant on July 28, 2000, the Fayette County Sheriffs Department* seized several bags of cocaine, a glass bowl that tested positive for cocaine residue, and a microwave with cocaine residue inside.

On August 16, 2000, a federal grand jury returned a three count indictment against Beasley for: 1) unlawfully, knowingly, and intentionally possessing with the intent to distribute fifteen grams of cocaine base; 2) unlawfully, knowingly, and intentionally possessing with the intent to distribute 365 grams of cocaine base; and 3) unlawfully, knowingly, and intentionally possessing with the intent to distribute 225 grams of cocaine, all in violation of 21 U.S.C. § 841(a)(1).

Beasley filed a motion to suppress the evidence found during the search and several statements he made during the state court proceedings. In his suppression motion, Beasley alleged that the search warrant was obtained in violation of Tennessee law, that the taped conversations used to establish probable cause for the warrant were unintelligible, and that he was not given a Miranda warning before he made incriminating statements at trial. On March 6, 2001, while his suppression motion was still pending, Beasley pled guilty to all three counts. On April 2, 2001, based upon the magistrate’s Report and Recommendation, Judge McCalla denied Beasley’s suppression motion on the grounds that there was sufficient evidence to demonstrate probable cause, and because the defendant was not in custody at the time of the state court proceedings.

On May 30, 2003, Judge McCalla granted Beasley’s motion to substitute his previous counsel, Irvin Salky (“Salky”), with Robert C. Brooks (“Brooks”). On June 15, 2001, Brooks filed a supplemental motion to suppress evidence, on grounds not raised in the previous suppression motion, challenging the validity of the “no-knock” provision in the search warrant. Based upon the magistrate’s Report and Recommendation, Judge McCalla denied Beasley’s supplemental suppression motion because suppression rulings could not be challenged after the defendant entered a plea of guilty. The case was reassigned to Judge Gibbons while Judge McCalla was on administrative leave.

On September 25, 2001, Beasley filed a motion to withdraw his guilty plea, alleging that Salky’s performance was constitutionally deficient because he failed to challenge the “no-knock” provision in the search warrant. On January 3, 2002, [121]*121Judge Gibbons denied this motion, finding that Beasley failed to establish that there was a “fair and just reason” for withdrawing his guilty plea. Subsequently, Beasley filed a motion to reconsider his motion to withdraw his guilty plea. On January 25, 2002, Judge Gibbons denied Beasley’s motion to reconsider, finding that Beasley did not present any arguments that were not previously considered by the court. On February 13, 2002, Beasley was sentenced to a prison term of 135 months, to be followed by five years of supervised release.

On appeal, Beasley argues that he established fair and just reason for withdrawing his guilty plea, and that the district court abused its discretion when it denied his motion to withdraw his guilty plea.

II. DISCUSSION

Beasley challenges the district court’s order denying the motion to withdraw his guilty plea. Our Court reviews the denial of a motion to withdraw a guilty plea for abuse of discretion. United States v. Durham, 178 F.3d 796, 798 (6th Cir.1999); United States v. Pluta, 144 F.3d 968, 973 (6th Cir.1998).

Beasley filed a motion to withdraw his guilty plea pursuant to Federal Rule of Criminal Procedure Rule 32(e). Rule 32(e) provides that “[I]f a motion to withdraw a plea of guilty or nolo contendere is made before sentence is imposed, the court may permit the plea to be withdrawn if the defendant shows any fair and just reason.” Fed. R.Crim. P. 32(e). Rule 32(e) was not intended to allow a defendant to “ ‘enter a plea, wait several weeks, and then obtain a withdrawal if he believes that he made a bad choice in pleading guilty.’ ” Pluta, 144 F.3d at 973 (6th Cir.1998) (quoting United States v. Alexander, 948 F.2d 1002, 1004 (6th Cir.1991)). “The defendant has the burden of proving ‘fair and just reason’ supporting the withdrawal of his or her guilty plea.” Pluta at 973 (citing United States v. Bazzi, 94 F.3d 1025, 1027 (6th Cir.1996)). We consider the following seven factors to determine whether a defendant has demonstrated “fair and just reason” to withdraw his guilty plea: “1) the amount of time that elapsed between the plea and the motion to withdraw it; 2) the presence (or absence) of a valid reason for the failure to move for withdrawal earlier in the proceedings; 3) whether the defendant has asserted or maintained his innocence; 4) the circumstances underlying the entry of the guilty plea; 5) the defendant’s nature and background; 6) the degree to which the defendant has had prior experience with the criminal justice system; and 7) potential prejudice to the government if the motion to withdraw is granted.” Id. (citing United States v. Bashara, 27 F.3d 1174, 1180 (6th Cir.1994)).

Judge Gibbons concluded that these factors weighed against granting Beasley’s motion to withdraw his guilty plea, and issued an order denying Beasley’s motion. Beasley challenges this order, and argues that all of the factors suggest that he should have been permitted to withdraw his plea. Applying these factors to Beasley’s case, we conclude that the district court did not abuse its discretion in denying Beasley’s motion to withdraw his guilty plea.

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73 F. App'x 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-beasley-ca6-2003.