United States v. Flores

296 F. App'x 320
Procedural entryThis page is a short order in United States v. Flores. Read the opinion of the Court — 368 F. App'x 424
Court of Appeals for the Fourth Circuit·Decided October 14, 2008·No. 07-5047·Unpublished

Opinion

PER CURIAM:

Dagoberto Santamaría Flores appeals from his conviction and 135-month sen *322 tence for conspiracy to possess with intent to distribute quantities of cocaine, methamphetamine, and marijuana, in violation of 21 U.S.C.A. §§ 841, 846 (West 1999 & Supp.2008). 1 Flores’ counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he asserts there are no meritorious issues for appeal, but asks this court to review the adequacy of Flores’ plea hearing and the reasonableness of his sentence. Flores was given an opportunity to file a pro se supplemental brief, but has not done so. Finding no error, we affirm.

Under Fed.R.Crim.P. 11(b)(1), the district court must address the defendant in open court and inform him of the following: the nature of the charge; any mandatory minimum sentence and the maximum possible sentence; the applicability of the Sentencing Guidelines; the court’s obligation to impose a special assessment; the defendant’s right to an attorney; his right to plead not guilty and be tried by a jury with the assistance of counsel; his right to confront and cross-examine witnesses; his right against self-incrimination; and his right to testify, present evidence, and compel the attendance of witnesses. The defendant also must be told that a guilty plea waives any further trial and that his answers at the proceeding may be used against him in a prosecution for perjury. Under Rule 11(b)(2), the court must address the defendant to determine that the plea is voluntary. The court must determine a factual basis for the plea under Rule 11(b)(3) and require disclosure of any plea agreement under Rule 11(c)(2). Because Flores did not move in the district court to withdraw his guilty plea, any challenges to the Rule 11 hearing are reviewed for plain error. See United States v. Martinez, 277 F.3d 517, 524-25 (4th Cir.2002).

Flores contends the magistrate judge erred during the Rule 11 hearing by failing to inform him of the elements of the crime to which he was pleading guilty or to determine that he understood the nature of the charge. 2 The magistrate judge is required to inform the defendant of, and determine that he understands, “the nature of each charge to which [he] is pleading.” Fed.R.Crim.P. 11(b)(1)(G). At the Rule 11 hearing, the magistrate judge accurately explained the nature of the single charge to Flores. Following the recitation of the charge, the magistrate judge informed Flores as to the minimum and maximum sentences he faced, “based on these quantities, 500 grams of cocaine and 500 grams of methamphetamine.” Flores stated that he understood the charge and the potential sentence he faced. In light of the magistrate judge’s explanation and Flores’ admission that he understood the charge and possible sentence, 3 there is nothing in the record to support Flores’ claim that he believed he was pleading guilty to “the separate individual offenses of a methamphetamine and marijuana conspiracy only.” See Blackledge v. Allison, 431 U.S. 63, 73-74, 97 S.Ct. 1621, 52 *323 L.Ed.2d 136 (1977). Furthermore, while Flores contends he was responsible for a much lower drug amount than that charged in the indictment, the magistrate judge specifically stated that Flores was charged with being part of a conspiracy responsible for at least 500 grams of cocaine and 500 grams of methamphetamine. See Martinez, 277 F.3d at 530. Accordingly, we find the magistrate judge adequately informed Flores of the nature of the charge.

Flores’ next claim is that there was not a sufficient factual basis to support his guilty plea. Rule 11(b)(3) provides that “[bjefore entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.” This requirement ensures that the district court “make[s] clear exactly what a defendant admits to, and whether those admissions are factually sufficient to constitute the alleged crime.” United States v. DeFusco, 949 F.2d 114, 120 (4th Cir.1991). Rule 11(b)(3) also serves to “protect[ ] a defendant who is in the position of pleading voluntarily with an understanding of the nature of the charge but without realizing that his conduct does not actually fall within the charge.” United States v. Mastrapa, 509 F.3d 652, 660 (4th Cir.2007) (internal citation and quotation marks omitted). In determining whether a factual basis for the plea exists, the district court is not limited to the Rule 11 colloquy, as the court “may conclude that a factual basis exists from anything that appears on the record.” DeFusco, 949 F.2d at 120. The district court may also defer its inquiry until the sentencing hearing. Martinez, 277 F.3d at 522 n. 4. The district court’s determination that there was a sufficient factual basis is reviewed for abuse of discretion. Mastrapa, 509 F.3d at 660.

Flores contends there was not a sufficient factual basis to support his guilty plea because he never admitted being involved in the types and quantities of drugs charged in the indictment. While Flores did equivocate on this matter during the sentencing hearing, the district court may satisfy the factual basis requirement by examining the presentence report (“PSR”). See Martinez, 277 F.3d at 531-32. In this case, the PSR stated that “[a]ll the drugs involved in this conspiracy were reasonably foreseeable by Flores,” and that the organization was responsible for at least six kilograms of methamphetamine powder, three kilograms of crystal methamphetamine, sixteen kilograms of cocaine powder and 100 pounds of marijuana. The district court adopted the PSR, which provided sufficient information to support the elements of the charge to which Flores pled guilty. See Martinez, 277 F.3d at 531-32. Despite objecting to the probation officer’s findings as to the total amounts of cocaine and methamphetamine for which he was held responsible, Flores provided no specific testimony during the sentencing hearing in regard to cocaine. Additionally, Agent Joseph Barringer’s testimony provided a sufficient factual basis for the district court to determine that the methamphetamine amounts provided in the PSR were properly attributable to Flores. 4 Accordingly, we find the district court did not abuse its discretion in deter *324 mining that a sufficient factual basis existed to support Flores’ guilty plea.

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United States v. Flores, 296 F. App'x 320 (4th Cir. 2008).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Blackledge v. Allison
431 U.S. 63 (Supreme Court, 1977)
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543 U.S. 220 (Supreme Court, 2004)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Mastrapa
509 F.3d 652 (Fourth Circuit, 2007)
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511 F.3d 468 (Fourth Circuit, 2007)
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