United States v. Edwards

8 F. App'x 258
Procedural entryThis page is a short order in United States v. Edwards. Read the opinion of the Court — 38 F. App'x 134
Court of Appeals for the Fourth Circuit·Decided May 8, 2001·No. 99-4853, 99-4854·Unpublished

Opinion

OPINION

PER CURIAM.

William Jarret Edwards and Aloysius Wayne Stanley Hall pleaded guilty to conspiracy to possess cocaine in violation of 21 U.S.C. §§ 841(a)(1), 846 (1994). They were sentenced to 100 months and 108 months, respectively. Counsel for Edwards has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no meritorious grounds for appeal but addressing the following issues: (1) whether the district court erred in advising Edwards of the mandatory minimum sentence and the statutory maximum under 21 U.S.C. § 841(b)(1)(A) rather than 21 U.S.C. § 841(b)(1)(B); (2) whether Edwards entered his guilty plea knowingly and voluntarily; and (3) whether the district court erred in increasing Edwards’ base offense level by two levels under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) (1998) for possessing a dangerous weapon. Counsel for Hall has also filed an Anders brief alleging that the district court erred in denying his motion to withdraw his guilty plea. Both Edwards and Hall have filed pro se supplemental briefs. We affirm.

Both Edwards and Hall argue on appeal that their guilty pleas were not knowing or voluntary. A guilty plea must be “a voluntary and intelligent choice among the alternative courses of action open to the defendant.” North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); see Boykin v. Alabama, 395 U.S. 238, 242, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). Upon reviewing the transcript of the plea hearing with respect to both Defendants, we find that Edwards’ and Hall’s guilty pleas were knowing and voluntary.

On appeal, Edwards also argues that the district court violated Fed. R.Crim.P. 11 by misinforming him of the mandatory minimum and statutory maximum sentence during the plea colloquy. In his informal brief, Hall indirectly makes the same claim. This Court generally reviews the adequacy of a guilty plea de novo, but in the Rule 11 context, violations are evaluated for harmless error. United States v. Damon, 191 F.3d 561, 564 n. 2 (4th Cir.1999) (citing United States v. Goins, 51 F.3d 400, 402 (4th Cir.1995)). Any variance from the Rule 11 requirements that does not affect the substantial rights of the defendant is disregarded. *261 Fed.R.Crim.P. 11(h); United States v. DeFusco, 949 F.2d 114, 117 (4th Cir.1991).

Here, the district court informed both Edwards and Hall that the “worst case scenario” would place them under 21 U.S.C. § 841(b)(1)(A), which provides for a mandatory minimum of ten years imprisonment and a statutory maximum of life imprisonment. Both Defendants received less than a ten-year sentence and were therefore not detrimentally affected by the district court’s statement. We further hold that the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), is not implicated in these cases because both Defendants were sentenced under the statutory maximum under 21 U.S.C. § 841(b)(1)(C). See United States v. Kinter, 235 F.3d 192, 199 200 (4th Cir.2000) (holding that Apprendi does not apply to a judge’s exercise of sentencing discretion within a statutory range so long as a defendant’s sentence is not set beyond the maximum term specified in the substantive statute), cert. denied, — U.S. -, 121 S.Ct. 1393,149 L.Ed.2d 316 (2001); United States v. Lewis, 235 F.3d 215, 219 (4th Cir.2000); see also United States v. Aguayo-Delgado, 220 F.3d 926, 933-34 (8th Cir.) (finding that Apprendi is not violated under 21 U.S.C.A. § 841 when the sentence is less than twenty years), cert. denied, — U.S.-, 121 S.Ct. 600, 148 L.Ed.2d 513 (2000).

Edwards also maintains that the district court erred in increasing his base offense level by two levels for possessing a weapon under USSG § 2Dl.l(b)(l). Because Edwards did not raise this issue in the district court, it is reviewed for plain error. United States v. Olano, 507 U.S. 725, 732-34, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). We find no error in the district court’s application of the enhancement.

In his Anders brief, Hall maintains that the district court erred in failing to grant his motion to withdraw his guilty plea. A defendant has no absolute right to withdraw a plea of guilty. United States v. Ewing, 957 F.2d 115, 118 (4th Cir.1992). This Court reviews the district court’s refusal to allow a defendant to withdraw a guilty plea under Fed.R.Crim.P. 32 for abuse of discretion. United States v. Wilson, 81 F.3d 1300, 1305 (4th Cir.1996). Rule 32 of the Federal Rules of Criminal Procedure permits withdrawal of a guilty plea if the “defendant shows any fair and just reason.” Fed.R.Crim.P. 32(e).

A trial court, when considering whether to allow a defendant to withdraw a guilty plea, must apply the six-factor analysis announced by this Court in United States v. Moore, 931 F.2d 245, 248 (4th Cir.1991). Under Moore,

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
United States v. Olano
507 U.S. 725 (Supreme Court, 1993)
Apprendi v. New Jersey
530 U.S. 466 (Supreme Court, 2000)
United States v. Arch A. Moore, Jr.
931 F.2d 245 (Fourth Circuit, 1991)
United States v. Thomas L. Ewing
957 F.2d 115 (Fourth Circuit, 1992)
United States v. Dean A. Lambey
974 F.2d 1389 (Fourth Circuit, 1992)
United States v. Terry Russell Goins
51 F.3d 400 (Fourth Circuit, 1995)
United States v. Eddie C. Wilson, Sr.
81 F.3d 1300 (Fourth Circuit, 1996)
United States v. Marvin J. Damon
191 F.3d 561 (Fourth Circuit, 1999)
United States v. Fabian Aguayo-Delgado
220 F.3d 926 (Eighth Circuit, 2000)
United States v. Paul Thomas Kinter
235 F.3d 192 (Fourth Circuit, 2000)
United States v. Verna M. Lewis
235 F.3d 215 (Fourth Circuit, 2000)
Fria Vazquez del Mercado v. United States
531 U.S. 1027 (Supreme Court, 2000)