United States v. Cline

655 F. Supp. 796, 1987 U.S. Dist. LEXIS 1913
CourtDistrict Court, M.D. Louisiana
DecidedFebruary 23, 1987
DocketCrim. A. No. 85-61 & 68-A
StatusPublished

This text of 655 F. Supp. 796 (United States v. Cline) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Cline, 655 F. Supp. 796, 1987 U.S. Dist. LEXIS 1913 (M.D. La. 1987).

Opinion

JOHN V. PARKER, Chief Judge.

This matter is before the court on petitioner’s motion to vacate sentence and set aside guilty pleas under 28 U.S.C. § 2255. The government opposes the motion. The motion, transcripts and record indicate that no evidentiary hearing is required on the motion. Jurisdiction is based on 28 U.S.C. § 2255.

On August 16, 1985, petitioner, Lester Cline, pled guilty to violations of the counterfeiting laws of the United States, specifically 18 U.S.C. §§ 471, 472 and 2. On September 6, 1985, petitioner, Cline, pled guilty to mail fraud, 18 U.S.C. § 1341. On October 4, 1985, Cline was sentenced to ten years on the counterfeiting offense, and five years on the mail fraud offense, with that sentence to run concurrently.

Petitioner Cline now seeks to vacate his sentences, alleging his guilty pleas were not taken in accordance with the requirements of Rule 11 of the Federal Rules of Criminal Procedure, and that the sentencing proceedings did not comply with Rule 32 of the Federal Rules of Criminal Procedure.

Guilty Pleas — Mail Fraud

In a one count indictment, Cline was charged with scheming to defraud Independent Fire Insurance Company by burning a residence so that the homeowner could fraudulently claim insurance proceeds for an accidental fire. The indictment charges that Cline, for the purpose of executing the [798]*798scheme, caused Independent Fire Insurance Company to place in the mails a letter and check addressed to the insured.

Cline contends that his guilty plea to mail fraud should be vacated because the court failed to advise Cline of the elements of mail fraud and did not establish the requisite factual basis for the plea under Rule 11 of the Federal Rules of Criminal Procedure. Petitioner Cline also alleges that the mail fraud indictment was not read to him at the plea proceedings. The transcript of the guilty plea, page 5, indicates petitioner, through his counsel, waived the reading of the indictment. Thus, the court now turns to the Rule 11 issues raised by petitioner’s motion.

Under Rule 11, before accepting a guilty plea, the court must determine that the defendant understands the nature of the charge to which the defendant seeks to plead guilty, and that there is a factual basis for the guilty plea. Rule 11(c) and (f) of the Federal Rules of Criminal Procedure. A review of the record indicates that the court complied with these requirements of Rule 11. At pages 5 and 6 the arraignment transcript reflects that the court asked Cline to describe in his own words what the indictment charged. Cline stated under oath: “The indictment charges me with conspiring with some other people to burn a house down for insurance purposes to collect insurance money ... due to that the check was mailed out.” Thus, Cline was advised of the charge against him and indicated he understood the nature of the charge. Federal Rules of Criminal Procedure, Rule 11(c).

The court also questioned Cline about the mail fraud scheme. (Transcript pp. 9-11) and determined that the testimony of FBI Special Agent George D. Blue established the factual basis for the plea. Transcript pp. 13-16, 18-19. Cline stated under oath that the testimony of Agent Blue as to the facts of the crime, was substantially correct. Transcript p. 18. In spite of the above evidence in the record, petitioner contends that there still was not a sufficient factual basis for the plea because the transcript does not show that Cline knowingly caused the use of the mails as stated in the mail fraud statute. Petitioner is incorrect. The record does reflect that Cline knowingly caused the mails to be used in furtherance of the fraudulent scheme under the mail fraud statute and case law.

Mail fraud entails (1) the scheme to defraud, and (2) the causing of the use of the mails for the purpose of executing the scheme. Pereira v. United States, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435 (1954), United States v. Finney, 714 F.2d 420, 423 (5th Cir.1983).

There is no disputing that there existed a scheme to defraud in this case. The guilty plea record reflects that Cline and two other individuals, Ernest Graves and Tommy Lane, were engaged in a scheme to defraud Independent Fire Insurance Company. Tommy Lane requested that Lester Cline burn a house in Slidell, Louisiana, owned and insured by Ernest Graves. Transcript p. 10. Mr. Graves allegedly wanted his home burned because he was unable to sell the home at its value. Transcript p. 14. Lester Cline understood that the purpose of the fraudulent scheme was to burn the house “for insurance purposes to collect insurance money.” Transcript p. 9. Thus, the receiving of the insurance check by homeowner Graves was clearly contemplated as part of the parties’ scheme to defraud.

The second requirement of mail fraud, “the causing of the use of the mails for the purpose of executing the scheme,” involves two inquiries. First, was the mailing for the purpose of executing the scheme, and second, did the defendant “cause” the mailing. The Fifth Circuit generally discussed these requirements in United States v. Finney, 714 F.2d 420, at 423 (5th Cir.1983).

While the mailing must, as the statute requires, be “for the purpose of executing the scheme, ... it is not necessary that the scheme contemplates the use of the mails as an essential element.” United States v. Maze, 414 U.S. 395, 400, 94 S.Ct. 645, 648, 38 L.Ed.2d 603 (1974). It is sufficient if the mailing that is [799]*799caused is “a part of the execution of the fraud,” Kann v. United States, 323 U.S. 88, 95, 65 S.Ct. 148, 151, 89 L.Ed. 88 (1944), or is “incident to an essential part of the scheme.” Pereira, 347 U.S. at 8, 74 S.Ct. at 362.

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Related

United States v. Kenofskey
243 U.S. 440 (Supreme Court, 1917)
Kann v. United States
323 U.S. 88 (Supreme Court, 1944)
Pereira v. United States
347 U.S. 1 (Supreme Court, 1954)
United States v. Maze
414 U.S. 395 (Supreme Court, 1974)
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650 F.2d 651 (Fifth Circuit, 1981)
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648 F.2d 367 (Fifth Circuit, 1981)

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655 F. Supp. 796, 1987 U.S. Dist. LEXIS 1913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cline-lamd-1987.