United States v. Gregory

41 F. App'x 785
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 26, 2002
DocketNo. 00-2240
StatusPublished
Cited by5 cases

This text of 41 F. App'x 785 (United States v. Gregory) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Gregory, 41 F. App'x 785 (6th Cir. 2002).

Opinion

CLAY, Circuit Judge.

Defendant appeals his conviction and sentence entered after a plea of guilty to conspiracy to distribute cocaine base (“crack”), in violation of 21 U.S.C. § 846. Specifically, Defendant challenges the district court’s denial of his motion to withdraw his guilty plea entered into pursuant to FED. R. CRIM. P. 11. Defendant contends on appeal that he has demonstrated pursuant to FED. R. CRIM. P. 32(e) “fair and just reason[s]” for the withdrawal of the plea, including that he was under a mistaken impression regarding the terms of the plea agreement when he entered [786]*786into it. For the reasons set forth below, we AFFIRM Defendant’s conviction and sentence.

BACKGROUND

On September 22, 1999, a federal grand jury handed down a multi-count indictment against Defendant, charging him, and co-defendants Richard Manning and Fredrick Gibson, with (1) conspiracy to distribute crack, in violation of 21 U.S.C. § 846 (count one); and (2) two counts of aiding and abetting in the distribution of crack, in violation of 21 U.S.C. § 841(a) and 18 U.S.C. § 2 (counts four and five).1

On April 25, 2000, Defendant pleaded guilty to count one of the indictment. The written plea agreement stated, among other things, that Defendant was subject to a mandatory minimum sentence of ten years imprisonment. It further provided that Defendant’s period of incarceration would not exceed the midpoint of the Sentencing Guideline range that the district court found applicable, and provided that the government would move for a downward departure from the applicable Sentencing Guideline range if it determined that Defendant had provided substantial assistance.

As stated in the plea agreement, the parties stipulated to the following facts:

On or about September 7, 1999, through on or about September 17, 1999, in the Eastern district of Michigan, Southern Division, namely in Inkster, Michigan, defendant ANTHONY GREGORY knowingly agreed with co-defendants Fredrick Gibson and Richard Manning to commit the crime of distribution of cocaine base. Specifically, defendant ANTHONY GREGORY supplied co-defendants Fredrick Gibson and Richard Manning with cocaine base (also known as “crack cocaine”), knowing that the substance was in fact cocaine base, that Richard Manning ultimately sold to Agent Joseph Secrete while Agent Secrete was acting in an undercover capacity.

(J.A. at 54.)

At Defendant’s plea hearing, the district court asked a series of questions to ensure that Defendant was, in fact, pleading guilty because he was guilty. The district court asked Defendant to tell the court in his own words what he did. The following colloquy transpired:

Defendant: I’m guilty of aiding and abetting.
The Court: Aiding and abetting in the conspiracy? From your prospective, tell me what you did.
Defendant: I gave Richard Mann some drugs.
The Court: You gave them to him?
The Court: You didn’t sell them to him?
Defendant: No, I didn’t sell them to Mm. I gave them to him on consignment.
The Court: He was going to sell them and pay you some money?
Defendant: Right.
The Court: Did you know he was going [to] sell them to anybody else?
Defendant: Yes.
The Court: Is that your understanding?
Defendant: Yes.
The Court: He was going to take the drugs that you gave to him on consignment and sell to other people?
Defendant: Yes.
The Court: Then pay you back?
Defendant: Right.
[787]*787The Court: When did that happen?
Defendant: In September. In September. In September.
The Court: Of’99?
Defendant: Yes.
The Court: That was here in the Eastern district of Michigan?
Defendant: Yes, it was.
Mr. Cohen: If I may, your Honor. Did you also have contact with Mr. Frederick Gibson regarding the sale of crack cocaine?
Defendant: I had contact with Fred.
Mr. Cohen: Would you describe what that consisted of?
Defendant: He, Fred, basically helped, distribute it for me.
Mr. Cohen: Did you know the drug that you gave to Richard Manning and Fred Gibson was crack cocaine?
Defendant: Yes, I did.

(J.A. at 125-26.)

The district court also asked the government to summarize the terms of Defendant’s Rule 11 plea agreement. The government and defense counsel, Clyde Ritchie, indicated that the only issue the parties disagreed over was the amount of crack that should be attributed to Defendant. The government and Ritchie had calculated a sentencing range of between 97 and 121 months, but agreed that a ten-year mandatory minimum sentence under 18 U.S.C. § 841 would apply if the district court determined at sentencing that more than 50 grams of crack was involved in the offense. Further, the government informed the district court that pursuant to the plea agreement, Defendant promised to provide truthful and complete information regarding his offense and that the government would move for a downward departure from the otherwise applicable sentencing range and mandatory minimum only if it determined that Defendant’s cooperation amounted to substantial assistance. The court asked both Ritchie and Defendant whether the government’s recitation of the plea agreement’s terms complied with their understanding of the agreement, and they both responded affirmatively. The district court then accepted the guilty plea.

After the entry of the plea, Defendant and the government met for debriefing. During that meeting, the government questioned Defendant about his involvement in the offense to which he had pleaded guilty, and he reiterated that he had conspired with Gibson and Manning to distribute crack. While Defendant once again admitted his involvement in the offense daring the meeting, he denied that he had supplied Gibson with approximately 30 grams of crack that authorities found at Gibson’s home, although the government had evidence to the contrary.

On May 25, 2000, the probation department issued Defendant’s presentence investigation report (“PSIR”). The PSIR attributed more than 50 grams of crack to Defendant. The probation department also calculated Defendant’s guideline range at 120 to 135 months.

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Cite This Page — Counsel Stack

Bluebook (online)
41 F. App'x 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gregory-ca6-2002.