United States v. Ford

15 F. App'x 303
Court of Appeals for the Sixth Circuit·Decided July 25, 2001·No. No. 99-1684, 99-1867·Published·Cited by 9 cases

Opinion

CLAY, Circuit Judge.

Defendants, William Lewis Ford and Patrick Roberts, appeal the judgments of the district court sentencing them pursuant to Rule 11 guilty pleas to Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance in violation of 21 U.S.C. §§ 841(a)(1) and 846. In Case No. 99-1684, Ford contests the district court’s denial of a motion to withdraw his guilty plea as well as the court’s judgment of sentence. In Case No. 99-1867, Roberts challenges the district court’s failure to allow him to withdraw his guilty plea and the resulting sentence of life imprisonment. For the reasons that follow, we AFFIRM both judgments.

I.

On May 7, 1998, a grand jury in the Eastern District of Michigan returned a 31-count Fifth Superseding Indictment against Defendants William Ford and Patrick Roberts along with seventeen other co-defendants. One of the co-defendants was subsequently murdered. Several weeks prior to trial, some of the surviving • co-defendants approached the government and inquired about the possibility of a plea-bargain. The government indicated that it would only negotiate if it could get a “package deal” in which all of the remaining defendants also pleaded guilty, thereby allowing the government to avoid the expense, time and effort of a long trial involving wiretap tape recordings, undercover officer testimony, surveillance reports, informants and cooperating witnesses. On the eve of trial, all of the remaining defendants entered Rule 11 plea agreements.

In the plea agreements, the government agreed to dismiss many of the counts against the defendants and offered to move for a downward departure under the sentencing guidelines for “substantial assistance in the investigation or prosecution of another person” for each defendant who provided truthful information, even if actual testimony was not required. Ford’s plea agreement provided that his sentence should not exceed 188 months, the high end of the estimated sentencing guidelines range for an offense involving 500 grams of cocaine base (“crack”). If, in the government’s estimation, Ford provided substantial assistance, the government agreed to move for a downward departure to reduce his sentence to 108 months. Roberts’ plea agreement provided that, in exchange for his cooperation and substantial assistance, the government would request that the district court depart downward from the mandatory sentence of life imprisonment Roberts would otherwise face under 21 U.S.C. § 841(b)(1)(A).

At their plea hearings, each defendant provided a factual basis with respect to each count against them. The district court advised each defendant of his rights that would be waived, questioned them with respect to their understanding of the terms of their respective plea agreements and also questioned each defendant regarding whether their pleas were the results of any threats, undue influence or duress. Ford specifically denied being threatened or coerced into accepting the package deal plea agreement, and indicated that he accepted the agreement because it was in his own best interest. Upon receiving satisfactory responses, the district court accepted both defendants’ guilty pleas as knowing and voluntary.

[306] Some eighty-three days after pleading guilty, Ford moved to withdraw his guilty plea, alleging that he entered the plea as a result of an illusory plea bargain, pressure and intimidation from other defendants, a misunderstanding of the facts of his case and the contents of his plea agreement, and his trial counsel’s lack of preparation. Ford also filed objections to the Presentence Investigation Report (“PSIR”), one of which indicated that he should not be held responsible for 500 grams of cocaine base. At Ford’s May 20, 1999, sentencing hearing, his counsel requested an evidentiary hearing to clarify what he termed factual issues concerning the guilty plea. But the district court denied Ford’s motion to withdraw his guilty plea without permitting him the benefit of a hearing. The court concluded that his motion for withdrawal was untimely; he was well-acquainted with the criminal justice system due to his prior indictments, guilty pleas and felony drug convictions; he did not consistently maintain his innocence; he had specifically denied being coerced into accepting the guilty plea; and the government would suffer “tremendous prejudice” if the motion to withdraw were granted. The district court further indicated that any misunderstanding, misrepresentation or lack of communication between Ford and his counsel could not form a basis for withdrawing his plea.

The district court also overruled Ford’s objections to the PSIR. In doing so, the court first determined that Ford was bound by his stipulation in the Rule 11 Plea Agreement regarding the quantity of drugs to be used in the calculation as well as other testimony received during a pretrial suppression hearing. After determining that the other objections did not affect the guideline range, the court sentenced Ford to a term of 152 months imprisonment, which was within the applicable 135-168 month guideline range, to be followed by 5 years of supervised release.

On July 8, 1999, Roberts’ sentencing hearing took place. At that time, the court accepted his plea agreement; however, the government announced that it would not move for a downward departure, citing conflicting information provided by Roberts after entry of his guilty plea.1 Roberts did not seek to withdraw his guilty plea and the district court sentenced him to life imprisonment.

II.

A.

On appeal, Ford contests the district court’s denial of his motion to withdraw his guilty plea as well as its refusal to grant him an evidentiary hearing. This Court reviews the district court’s denial of a motion to withdraw a guilty plea for abuse of discretion. United States v. Durham, 178 F.3d 796, 798 (6th Cir.1999); United States v. Alexander, 948 F.2d 1002, 1003 (6th Cir.1991).

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United States v. Ford, 15 F. App'x 303 (6th Cir. 2001).

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