United States v. Eddie C. Wilson, Sr.

81 F.3d 1300, 1996 U.S. App. LEXIS 8725, 1996 WL 189966
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 22, 1996
Docket94-5872
StatusPublished
Cited by107 cases

This text of 81 F.3d 1300 (United States v. Eddie C. Wilson, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Eddie C. Wilson, Sr., 81 F.3d 1300, 1996 U.S. App. LEXIS 8725, 1996 WL 189966 (4th Cir. 1996).

Opinion

Affirmed by published opinion. Judge DOUMAR wrote the opinion, in which Judge NIEMEYER and Judge LUTTIG joined.

OPINION

DOUMAR, District Judge:

This case presents the question of whether the trial court appropriately denied appellant’s motion to withdraw his guilty plea, where the appellant claimed that he never possessed the requisite intent for the crime to which he pled guilty. For the reasons set out below, we AFFIRM the denial of appellant’s motion to withdraw his guilty plea.

I.

Because appellant’s claim challenges the adequacy of the Rule 11 proceeding before the district court, a detailed review of the facts is necessary. Defendant-Appellant Eddie C. Wilson, Sr. (“Wilson”), as the owner and operator of Big Eddie’s Carryout and Food Market in Baltimore, was authorized to accept food stamps by the United States Department of Agriculture (“U.S.D.A.”) by way of both paper food coupons as well as electronic benefits transfer (“E.B.T.”). These E.B.T. transfers were encoded onto E.B.T. cards which were distributed to qualifying Maryland food stamp program recipients, who then utilized the card much like a debit card at appropriate food vendors such as Big Eddie’s. The U.S.D.A. then reimbursed vendors by making electronic funds deposits directly into the vendor’s bank accounts.

Wilson, along with his employee and co-appellant James “Phil” Murray, conducted numerous E.B.T. transactions in which they collected food stamps or E.B.T. benefits in exchange for cash at a rate of approximately sixty cents per dollar. Appellant made numerous cash withdrawals from his business accounts and wrote a number of checks payable to himself, Murray, and his then-girl *1303 friend and eodefendant Karen Goldman. Some of these funds were converted into assets such as a motor vehicle and a diamond ring. Other proceeds were deposited into Goldman’s personal account, and then withdrawn by Goldman at Wilson’s direction.

Appellant was charged in all twenty-six counts of the indictment charging appellant, Murray and Goldman. Count One charged all three with conspiracy to launder proceeds of an unlawful activity with the intent to promote the carrying on of said unlawful activity or knowing that the transactions were to conceal those proceeds, in violation of 18 U.S.C. § 1956(a)(1)(A)(i) and (B)(i). Paragraph five of the “Manner and Means of the Conspiracy” stated that the conspirators “utilized Karen Goldman’s account at Nations Bank to facilitate and conceal the EBT card and food stamp coupon trafficking.” Paragraph six stated that certain other transactions “were conducted with the intent to facilitate the unlawful theft, embezzlement and conversion of government property, i.e. food stamp benefits, and to conceal and disguise the proceeds thereof.” Counts Two through Eighteen charged conversion of government property in violation of 18 U.S.C. §§ 2 and 641, and Counts Nineteen through Twenty-Six charged money laundering in violation of 18 U.S.C. §§ 2, 641 and 1956(a)(1)(A)(i) and (B)(i). Wilson and his counsel subsequently entered into a plea agreement with the United States, dated March 18, 1994, whereby appellant agreed to plead guilty to Count One as well as to forfeiture of certain property. The parties then entered an agreed statement of facts, attached to the plea agreement and signed by both appellant and his counsel. 1

The trial court held a colloquy pursuant to Fed.R.Crim.P. 11 with Wilson, his counsel, and the Assistant United States Attorney on April 4,1994. Wilson responded affirmatively to the questions of the district court as to whether he read the indictment and understood the charges against him. Wilson was asked by the court deputy clerk to which count he was pleading guilty, and Wilson stated, “I don’t know the number of the count, but the charge I believe is money laundering.” J.A. 45. Appellant was informed by the Court that he “should not hesitate” to tell the judge if he did not understand any question and should feel free to consult with his attorney. Appellant acknowledged the Court’s statement. Appellant then represented that he finished high school and attended college, had no competency problems, and was satisfied with the representation of his attorney. After appellant acknowledged the rights that he was forfeiting, the Court summarized Count One of the indictment in full as follows:

THE COURT: Now specifically count One of the indictment Mr. Wilson, charges that from about October, 1992 continuing thereafter until about July, 1993 in Maryland and elsewhere, that you, Karen Goldman and James Murray, a/k/a “Phil”, together with others known and unknown to the Grand Jury, did unlawfully, willfully and knowingly conspire to knowingly and willfully conduct, and attempt to conduct financial transactions affecting interstate commerce, namely, the withdrawal of monetary instruments from Provident Bank and Maryland National Bank which involved the proceeds of a specified unlawful activity; that is theft, embezzlement and conversion of public property with the intent to promote the carrying on of said ■unlawful activity; and knowing that the transactions were designed in whole or in part, to conceal the nature, locations, source, ownership and control of the proceeds of the unlawful activity. And that while conducting, or attempting to conduct such financial transactions, knew that the property involved represented' the proceeds of some form of unlawful activity.
That is a long-winded way of saying things, but do you understand exactly what you are charged with here?
THE DEFENDANT: Yes, sir.
THE COURT: The indictment in Count One then goes on to describe in some detail the method and means of the con *1304 spiracy, and then follows up with a list of overt acts that appear from paragraph 7 through paragraph 66 of the indictment.
Now, that as a whole, do you understand that is the charge to which you are pleading guilty?
THE DEFENDANT: Yes, sir.

J.A. 53-54. The Court then advised Wilson of thé statutory maximum and of other matters incident to the plea of guilty, such as the possibility of a fine, supervised release, the special assessment, restitution, and the sentencing guidelines.

The Assistant United States Attorney (AUSA) then described the plea agreement in detail. The Court asked if the appellant understood the plea agreement and the appellant agreed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Lamar Perdue
Fourth Circuit, 2024
United States v. Jong Kim
71 F.4th 155 (Fourth Circuit, 2023)
Carryl v. Knight
D. South Carolina, 2022
Greene v. United States
W.D. North Carolina, 2021
United States v. Robert White
712 F. App'x 292 (Fourth Circuit, 2018)
United States v. Dean Stitz
877 F.3d 533 (Fourth Circuit, 2017)
United States v. Timmie Taborn
693 F. App'x 224 (Fourth Circuit, 2017)
United States v. Jerome Barnhart
682 F. App'x 214 (Fourth Circuit, 2017)
United States v. Matthew Musante
638 F. App'x 224 (Fourth Circuit, 2016)
United States v. Daniel Murraye
596 F. App'x 219 (Fourth Circuit, 2015)
United States v. Ishmail Bah
587 F. App'x 752 (Fourth Circuit, 2014)
United States v. Darren Harrison
583 F. App'x 133 (Fourth Circuit, 2014)
United States v. Heather DeYoung
571 F. App'x 231 (Fourth Circuit, 2014)
United States v. Doss
429 F. App'x 322 (Fourth Circuit, 2011)
United States v. Bivens
417 F. App'x 274 (Fourth Circuit, 2011)
United States v. Roper
384 F. App'x 282 (Fourth Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
81 F.3d 1300, 1996 U.S. App. LEXIS 8725, 1996 WL 189966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eddie-c-wilson-sr-ca4-1996.