United States v. Dorothy Robinson

427 F. App'x 163
CourtCourt of Appeals for the Third Circuit
DecidedMay 11, 2011
Docket10-2832
StatusUnpublished
Cited by2 cases

This text of 427 F. App'x 163 (United States v. Dorothy Robinson) 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 v. Dorothy Robinson, 427 F. App'x 163 (3d Cir. 2011).

Opinion

OPINION

POLLAK, District Judge.

In this appeal, Dorothy Robinson challenges the District Court’s denial of her motion to withdraw her guilty plea. For the reasons that follow, we affirm the judgment of the District Court.

I

Because we write primarily for the parties, who are familiar with this case, we address only the facts and procedural history relevant to resolution of the issues raised in this appeal.

On September 27, 2007, Robinson was indicted, along with 13 others, in a 26-count indictment. The indictment charged Robinson and the others with engaging in a conspiracy to distribute over 500 grams of cocaine and crack cocaine within 1,000 feet of a protected zone. Robinson was also specifically charged with possession of crack cocaine with intent to distribute within 1,000 feet of public housing. A third superseding indictment was returned on August 14, 2008, and on September 4, 2008, Robinson pled not guilty to the charges.

The indictments stemmed in part from an August 1, 2007, “controlled buy” in which a government informant, Lewis “Guy” Tedesco, went to a residence to purchase drugs from Robinson. This residence was within 1,000 feet of a public housing project. Tedesco gave Robinson $200, and Robinson provided Tedesco with a plastic bag containing crack cocaine. Robinson ushered Tedesco out of the residence. Tedesco then left and met with state troopers to turn over the purchased drugs. Some of these events were captured on police videotape.

Robinson opted for a bench trial, which began on September 1, 2009. Numerous witnesses testified on that first day, including Tedesco. The witnesses established, among other things, that Robinson had sold drugs to Tedesco on August 1, 2007. The police videotape was authenticated and shown at trial. At the end of the first day of trial, Robinson asked to address the court. She complained that her court-appointed attorney “totally ha[d] ignored [her],” was “falling asleep,” and was “refusing to hear anything that [she was] saying.” 1 The court disagreed, noting that her attorney had paid “close attention” to the testimony and concluding that there was no basis on which to find her *165 counsel inadequate. Out of an abundance of caution, however, the court permitted Robinson to conduct her own cross-examination after her counsel finished his questions for all later witnesses.

On September 3, 2009, the third day of trial, Robinson renewed her complaints about her attorney. The court granted a recess and allowed Robinson to confer with her husband and her attorney in a conference room. Robinson returned a few hours later, indicating that she wished to enter a plea agreement and plead guilty to one count of the third superseding indictment. In accordance with a written plea agreement and following an extensive colloquy with the District Court, Robinson then pled guilty to aiding and abetting the distribution of crack cocaine within 1,000 feet of public housing in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) & 860(a) for her role in the sale of drugs to Tedesco. In exchange for the guilty plea, the plea agreement called for the government to drop all other charges against Robinson and agree that a 216-month sentence was appropriate.

The next day, September 4, 2009, Robinson submitted a handwritten letter to the District Court seeking to withdraw her guilty plea. This was reiterated in a typewritten letter on September 6, 2009. The District Court appointed present counsel to represent Robinson, and a formal motion to withdraw her guilty plea was filed on January 19, 2010. A hearing was held on February 12, 2010, and the District Court denied the motion on June 2, 2010.

Robinson was ultimately sentenced in accordance with the plea agreement to a term of 216 months’ imprisonment followed by six years of supervised release, a $1,000 fine, and a $100 special assessment. This timely appeal followed. 2

II

Robinson now appeals the District Court’s denial of her motion to withdraw her guilty plea. 3 We review a district court’s denial of a motion to withdraw a guilty plea before sentencing for abuse of discretion. United States v. Jones, 336 F.3d 245, 252 (3d Cir.2003).

“Once a court accepts a defendant’s guilty plea, the defendant is not entitled to withdraw that plea simply at h[er] whim.” Id. Robinson must have a “fair and just reason” for withdrawing her plea of guilty, and she bears the “substantial” burden of demonstrating a “fair and just reason.” Id. In determining whether a defendant has met her burden, “[a] district court must consider three factors when evaluating a motion to withdraw a guilty plea: (1) whether the defendant asserts h[er] innocence; (2) the strength of defendant’s reasons for withdrawing the plea; and (3) whether the government would be prejudiced by the withdrawal.” Id. We examine each factor in turn.

A

With respect to the first factor, assertion of innocence, “[b]ald assertions of innocence are insufficient to permit a defendant to withdraw h[er] guilty plea.” Id. A defendant who has pled guilty must do more than simply reassert her innocence— it must be a “meaningful! ] reassert[ion].” Id. In other words, a defendant must “give sufficient reasons to explain why contradictory positions were taken before the district court and why permission should be given to withdraw the guilty plea and re *166 claim the right to trial.” Id. (internal quotation marks omitted). It is not enough simply to proclaim one’s innocence without “buttress[ing]” the assertion “by facts in the record.” Id.

Here, Robinson did not “meaningfully” reassert her innocence. She has adduced no evidence that she did not commit the offense to which she voluntarily and intelligently pled guilty. At the change of plea hearing, Robinson acknowledged that she had signed the plea agreement, reviewed it with her attorney, and was satisfied that she understood the terms and conditions of the plea agreement. Robinson, as well as her counsel, also indicated that the government’s summary of the key terms of the plea agreement was accurate. Moreover, the District Court took pains to explain other issues in the plea agreement each time Robinson asked a question.

The government then provided the factual basis for Robinson’s anticipated guilty plea.

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Cite This Page — Counsel Stack

Bluebook (online)
427 F. App'x 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dorothy-robinson-ca3-2011.