United States v. George Pearson, Jr.

134 F. App'x 414
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 13, 2005
Docket04-13411; D.C. Docket 03-00343-CR-T-30-MSS
StatusUnpublished

This text of 134 F. App'x 414 (United States v. George Pearson, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. George Pearson, Jr., 134 F. App'x 414 (11th Cir. 2005).

Opinion

PER CURIAM.

George Pearson, Jr., appeals his convictions for conspiracy to possess with intent to distribute “crack” cocaine, in violation of 21 U.S.C. §§ 846, 841(b)(l)(A)(iii), possession with intent to distribute “crack” cocaine, in violation of 21 U.S.C. § 841(a)(1), and (c), and argues that the district judge abused his discretion by not allowing Pearson to withdraw his guilty plea because it was not knowing and intelligent. We AFFIRM.

I. BACKGROUND

A federal grand jury indicted Pearson for (1) conspiracy to possess with intent to distribute 50 grams of “crack” cocaine, in violation of 21 U.S.C. § 846 (Count 1); and (2) possession with intent to distribute “crack” cocaine, in violation of 21 U.S.C. § 841(a)(1), and (c) (Count 3). Pursuant to 21 U.S.C. § 851, the government served notice of possible sentence enhancements based on Pearson’s prior convictions. Shortly before the scheduled trial, Pearson’s attorney informed the court that (1) the government had offered Pearson a plea bargain, which provided that, in exchange for a plea of guilty, the government would not seek any § 851 enhancements based on Pearson’s prior drug convictions; and (2) although counsel advised him to accept this offer, Pearson allowed it to expire. R3 at 6-7. Pearson then agreed to plead guilty to the charges without the benefit of a plea agreement. Id. at 10-11, 19.

At his plea hearing, the magistrate judge determined that Pearson had no difficulty understanding the court or communicating with his attorney. R2 at 6. Pearson’s attorney and the prosecutor stated that Pearson had not been made any promises or assurances concerning his sentence. Id. at 8. The magistrate judge then explained that the applicable statutory enhancements provided for a term of 20 years to life imprisonment for Count 1 and a maximum of 30 years of imprisonment for Count 3 of the indictment. Id. at 10-11. Pearson acknowledged that his attorney had discussed with him the applicability of the Sentencing Guidelines to his sentence. Id. at 11. The magistrate judge then warned Pearson that he would not be able to withdraw his plea should the sentence that he received be more severe than any that he was led to expect by his attorney. Id. at 13. When asked if he was satisfied with his counsel’s performance, Pearson responded negatively, expressing his disdain for the legal system and his current predicament. Id. at 14.

The government then proffered a factual basis, which alleged that Pearson conspired with his codefendants to possess cocaine with the intent to distribute it. Id. at 18-19. The prosecutor asserted that (1) Pearson’s codefendant, Gerald Wright, acted as his supplier, and (2) the conspiracy involved several sales to undercover officers. Id. at 19-20. Pearson acknowledged that he understood this evidence. Id. at 21. Upon the magistrate judge’s recommendation, the district judge accepted Pearson’s guilty plea. Rl-67, 85.

Three months after his plea, but before sentencing, Pearson moved to withdraw *416 his plea, claiming that he was “not in his right mind” when he entered the plea. Rl-97. At the hearing on this motion, which was conducted by the same magistrate judge who had accepted his guilty plea, Pearson asserted that: (1) he did not have an adequate understanding of the crime of conspiracy because, had he known that it was not possible for him to conspire with an undercover officer, he would not have pled guilty to that crime; and (2) had he known that he would have faced the same sentence, regardless of whether he went to trial or pled guilty, he would have taken his chances at trial. R4 at 5-6. He indicated that he believed that, if he pled guilty, he would receive a 20-year sentence, but, if he went to trial, he would receive a life sentence. Id. at 10. He admitted, however, that neither his attorney, nor the government, had told him this. Id. at 11, 26.

Pearson’s former attorney, Daniel Hernandez, who represented Pearson at the plea hearing, testified that he explained the possession and conspiracy charges to Pearson and did not doubt that Pearson understood them. Id. at 33, 36. He further testified that he (1) told Pearson that § 851 enhancements would be applicable to his sentence, and (2) continually encouraged Pearson to accept the government’s plea offer, visiting him three times in the ten days leading up to the offer’s expiration. Id. at 31-32.

The magistrate judge recommended that the district court deny Pearson’s motion to withdraw his plea, noting that Pearson was “alert, responsive, and clearly engaged in the moment” when he pled guilty. Rl-115 at 3. Interpreting Pearson’s first ground as a claim that the plea lacked an adequate factual basis, the magistrate judge found that the argument ignored Pearson’s admission that his codefendant sold drugs to him. Id. at 4 n. 2. With regard to the ground that his plea was unknowing, the magistrate judge found that Pearson had the benefit of the close assistance of counsel, who adequately informed Pearson of the nature of the charges against him. Id. at 4-5. The magistrate judge noted that Pearson, who believed that he could strike a better bargain than what his attorney already had achieved if he waited until closer to trial, appeared to have had a change of heart after waiting too long to accept the government’s offer. Id. at 5. According to the magistrate judge, it was not until the government’s offer was off the table that Pearson realized that he would not receive a better offer. Id. The magistrate judge further noted that judicial resources would not be conserved if Pearson were permitted to withdraw his plea. (Id.).

Pearson objected to the magistrate judge’s report and recommendation and argued that, under the totality of the circumstances, he did in fact show that his plea was unknowing. Rl-116. He requested that the district court conduct de novo review of his motion. Id. The district judge adopted the report and recommendation of the magistrate judge, over Pearson’s objection. Rl-117. The district judge then sentenced Pearson to 240 months of imprisonment on each count to run concurrently. Rl-120 at 2.

On appeal, Pearson argues that the district judge should have allowed him to withdraw his guilty plea because it was not knowing and intelligent. He contends that, in order for his plea to have been knowing, he should have known its direct consequences. Because he did not understand that there was no advantage to pleading guilty, Pearson argues, the district court should have allowed him to withdraw his plea. He further asserts that the government would not be prejudiced by allowing him to withdraw his plea.

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Bluebook (online)
134 F. App'x 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-george-pearson-jr-ca11-2005.