United States v. Hernandez

79 F.3d 1193, 316 U.S. App. D.C. 393, 1996 U.S. App. LEXIS 5809, 1996 WL 139411
CourtCourt of Appeals for the D.C. Circuit
DecidedMarch 29, 1996
DocketNos. 93-3089, 93-3097 and 95-3021
StatusPublished
Cited by11 cases

This text of 79 F.3d 1193 (United States v. Hernandez) 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. Hernandez, 79 F.3d 1193, 316 U.S. App. D.C. 393, 1996 U.S. App. LEXIS 5809, 1996 WL 139411 (D.C. Cir. 1996).

Opinion

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Luis and Lucy Hernandez were married on March 23, 1991. Five months — and, be[1194]*1194tween them, five arrests — later, they were indicted together for selling crack cocaine to an undercover police officer. The government offered each defendant a deal: plead guilty to the count charging distribution of 50 or more grams of cocaine base and the remaining two counts will be dropped. There was one catch. The plea offers were linked or, as is commonly said, “wired.” Both defendants would have to plead guilty or the deal was off.

The Hernandezes came to terms and pled guilty in November 1991. In May 1993, the district court sentenced them each to the statutory minimum of ten years’ imprisonment. In this consolidated appeal, Luis Hernandez claims the court erred in refusing to let him withdraw his plea before sentencing. Luis and Lucy Hernandez also raise claims relating to matters that are under seal. We have considered these latter claims and have decided to reject them; to explain why in a published opinion would reveal what the Her-nandezes wish to remain confidential. Our opinion will therefore discuss only Luis Hernandez’s contention that the district court erred in not allowing him to withdraw his guilty plea.

A district court “may permit” a defendant to withdraw his plea before sentencing “if the defendant shows any fair and just reason.” Fed.R.Crim.P. 32(e). Luis Hernandez offered the district court what he considered to be two such reasons. The first related to the pressure he experienced from his mother-in-law and others who allegedly told him his wife could “remain free” only if he pled guilty. The second was that the district court’s plea hearing had not been “in substantial compliance” with Rule 11 of the Federal Rules of Criminal Procedure. The district court denied Hernandez’s motion to withdraw the plea on May 12, 1993, and sentenced him two days later. The court found no evidence that Hernandez’s mother-in-law had “made threats to gain his plea,” and it viewed its plea hearing as having established, in compliance with Rule 11, that Hernandez’s plea was voluntary.

Hernandez appeals principally on the ground that the Rule 11 hearing was anything but thorough because the district court did not then know the government had conditioned his fate on his wife’s. Before accepting any plea of guilty, a district court must first assure itself that the defendant has entered the plea knowingly and voluntarily. Fed.R.Crim.P. 11(d). The court can do so only if it has “total disclosure of all material details” of the plea agreement. United States v. Roberts, 570 F.2d 999, 1007 (D.C.Cir.1977). The linking of one defendant’s plea to another’s is such a material detail. United States v. Farley, 72 F.3d 158, 164 n. 5 (D.C.Cir.1995). Wired pleas, we thought in Farley, could be coercive, id. (citing Bordenkircher v. Hayes, 434 U.S. 357, 364 n. 8, 98 S.Ct. 663, 668 n. 8, 54 L.Ed.2d 604 (1978)), especially when family members are involved. See United States v. Pollard, 959 F.2d 1011, 1021 (D.C.Cir.), cert. denied 506 U.S. 915, 113 S.Ct. 322, 121 L.Ed.2d 242 (1992). Of course, much depends on which way the pressure, if any, flowed. The defendant standing before the court might have wanted to accept the deal despite his co-defendant’s reluctance. Through his counsel, he may have initiated the plea discussions and proposed the terms. Or the defense attorneys might have negotiated jointly on behalf of clients perfectly willing to plead guilty in return for the government’s dropping of other charges against them.

A district 'court cannot be expected to inquire about such matters unless the plea wiring is brought to its attention. The obligation to disclose the terms of a plea agreement is one shared by defense counsel and the prosecutor. Roberts, 570 F.2d at 1007 n. 25. It is “the parties” who enter into the agreement and it is therefore “the parties” who have a duty under Rule 11(e)(2) to inform the court of the extent of their agreement. If there was a package deal here, Luis Hernandez and his attorney obviously knew of it. But at the Rule 11 hearing, the defense attorney said only that Luis had entered into a “joint plea” with his wife, Lucy, a statement that hardly alerted the court to the linkage between the pleas. For its part, the government said nothing on the subject. The revelation of plea wiring came much later, when the government wrote in its memorandum opposing Luis Hernandez’s motion to withdraw his plea that “the plea [1195]*1195agreement with defendant was conditioned upon Lucy Hernandez also pleading guilty, as is customary in a case of this nature.”

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Cite This Page — Counsel Stack

Bluebook (online)
79 F.3d 1193, 316 U.S. App. D.C. 393, 1996 U.S. App. LEXIS 5809, 1996 WL 139411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hernandez-cadc-1996.