United States v. Hanson, Jamal

339 F.3d 983, 358 U.S. App. D.C. 69, 2003 U.S. App. LEXIS 16901, 2003 WL 21960401
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 19, 2003
Docket02-3078
StatusPublished
Cited by40 cases

This text of 339 F.3d 983 (United States v. Hanson, Jamal) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Hanson, Jamal, 339 F.3d 983, 358 U.S. App. D.C. 69, 2003 U.S. App. LEXIS 16901, 2003 WL 21960401 (D.C. Cir. 2003).

Opinion

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Defendant Jamal Hanson pled guilty to distributing fifty grams or more of cocaine base. Before sentencing, Hanson moved to withdraw his plea on the ground that his counsel had miscalculated the appropriate sentencing range under the United States Sentencing Guidelines. The district court denied the motion and sentenced Hanson to 262 months’ imprisonment. On appeal, Hanson contends that the court abused its discretion in denying his motion to withdraw the plea. We conclude that the court did not abuse its discretion, and we therefore affirm its judgment.

I

On May 20, 1999, Hanson spoke by telephone to a prospective purchaser concerning the sale of two ounces of cocaine base (“crack”). Unbeknownst to Hanson, the purchaser was an undercover officer of the Metropolitan Police Department, Detective David Dessin, and the conversation was electronically recorded. After the conversation, the two met in the 700 block of G Street, N.W. in Washington, D.C. Hanson sat in the front passenger seat of Dessin’s car and handed the detective a brown paper bag filled with more than fifty grams of crack; Dessin gave Hanson $1,600 in exchange. The conversations and transaction were recorded on audio- and videotape, and two days later Hanson was arrested. A grand jury subsequently returned a two-count indictment, charging Hanson with distributing fifty grams or more of cocaine base on May 20, 1999, in *985 violation of 18 U.S.C. § 841(a)(1) and (b)(l)(A)(iii), and with distributing additional cocaine base to Dessin the previous month, in violation of 18 U.S.C. § 841(a)(1) and (b)(1) (B)(iii).

This was not Hanson’s first arrest. Indeed, he had been arrested on several previous occasions. Two of those arrests, in 1993 and 1994, resulted in convictions in Maryland state court for possession with intent to distribute narcotics. The 1993 conviction involved over fifty grams of cocaine and three pounds of marijuana.

Attorney Charles Daum was assigned to represent Hanson, and after consulting with Daum, Hanson signed a written plea agreement with the government. Hanson agreed to plead guilty to the May 20th distribution of fifty grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii), and to cooperate with law enforcement authorities “in any matter as to which the Government deem[ed] his cooperation relevant.” Plea Agreement ¶¶ 1, 3(a) (Sept. 21, 1999). In return, the government promised, inter alia, to dismiss the other count of the indictment and to file a motion for a downward sentencing departure under United States Sentencing Guidelines (U.S.S.G.) § 5K1.1 if it determined that Hanson provided substantial assistance in the investigation or prosecution of another person. The agreement noted the offense’s mandatory minimum sentence of 10 years’ imprisonment and statutory maximum sentence of life, and stated that Hanson’s sentence would be “imposed in accordance with the United States Sentencing Commission’s Guidelines Manual.” Plea Agreement ¶¶ 1, 12. The plea agreement also recited Hanson’s “understanding] that the sentence to be imposed is a matter solely within the discretion of the Court,” id. ¶ 12, and that Hanson would “not be allowed to withdraw the guilty plea ... solely because of the harshness of the sentence imposed,” id. ¶ 4.

On September 21, 1999, the district court held the plea hearing required by Rule 11 of the Federal Rules of Criminal Procedure. Hanson admitted to engaging in the May 20th drug deal and that his other relevant conduct made him accountable for a total of 146.5 grams of cocaine base. Daum summarized the plea agreement, and stated that “the government had also agreed that [it] would not file any enhancement notification” — a reference to the notice that the government must file under 21 U.S.C. § 851(a)(1) for a defendant to receive the mandatory life sentence prescribed for an individual who distributes fifty grams or more of cocaine base after two previous felony drug convictions, see 21 U.S.C. § 841(b)(1)(A).

The court advised Hanson of the statutory minimum (ten years) and maximum (life) sentences applicable to the offense to which he was about to plead. 9/21/99 Tr. at 5-6. In addition, the court discussed the import of the Sentencing Guidelines. In particular, the judge asked the defendant whether he understood that the court “won’t actually determine your sentence in your case until after ... [the] presentence report,” and that the court had authority “to impose a sentence that’s more severe or less severe than the sentence called for by the guidelines.” Id. at 6. Hanson said he understood. The judge also expressly warned the defendant against relying on “any prediction or promise as to what sentence you’ll receive in this case,” because “the Court doesn’t know itself right now until after a presentence report is prepared.” Id. at 10. Again, Hanson said he understood.

At the conclusion of the hearing, the court accepted Hanson’s plea and released him on the condition that he maintain weekly contact with the government. Id. *986 at 12-13. As contemplated in the plea agreement, sentencing was to be delayed until Hanson completed his promised cooperation. After his release, however, Hanson ceased cooperating and broke off all contact with the government. He later explained that he had ceased cooperating because of concern for his safety and that of his family — a concern that the district court described as “legitimate.” 8/2/02 Tr. at 7.

The United States Probation Office prepared Hanson’s Presentence Investigation Report (PSR) on December 12, 2000. The PSR calculated Hanson’s base offense level as 32, and gave him a three-level reduction for acceptance of responsibility. But it also categorized Hanson as a career offender under U.S.S.G. § 4B1.1, which increased both his offense level and his criminal history category, and resulted in a guidelines sentencing range of 262 to 327 months’ imprisonment.

That range was well beyond what Hanson had been told to expect by his attorney, Daum, who had calculated Hanson’s guidelines sentencing range as 121-151 months. The error was apparently due to Daum’s misunderstanding of the effect of the two Maryland convictions. On the scheduled sentencing date, January 24, 2001, Hanson discharged Daum. The court continued the sentencing and appointed a new attorney to represent the defendant. On July 31, 2001, Hanson filed the first of three motions to withdraw his guilty plea. This motion, under then-effective Rule 32(e) of the

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Bluebook (online)
339 F.3d 983, 358 U.S. App. D.C. 69, 2003 U.S. App. LEXIS 16901, 2003 WL 21960401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hanson-jamal-cadc-2003.