United States v. Jarrar

99 F. App'x 726
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 27, 2004
DocketNo. 03-1492
StatusPublished
Cited by3 cases

This text of 99 F. App'x 726 (United States v. Jarrar) 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. Jarrar, 99 F. App'x 726 (6th Cir. 2004).

Opinion

ORDER

Gussan Abraham Jarrar, a federal prisoner, appeals his conviction and sentence for making false declarations before a grand jury in violation of 18 U.S.C. § 1623. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Before a federal grand jury, Jarrar testified that he and seven other Middle Eastern men were part of a terrorist group which had planned to blow up the Mackinac Bridge, the Federal Building in Detroit, an airport, and Cedar Point Amusement Park. When his testimony proved to be false, Jarrar was indicted, on June 5, 2002, on three counts of violating 18 U.S.C. § 1623. Counsel moved to dismiss Counts 2 and 3, arguing that Jarrar had recanted portions of his testimony in letters sent to the Federal Bureau of Investigation (FBI). The district court denied the motion because Jarrar had not recanted in the presence of the grand jury which had heard his testimony.

Following the completion of jury selection, Jarrar entered into an oral plea agreement with the government and pleaded guilty to Count 1 on December 4, 2002, in exchange for the dismissal of the other counts. He thereafter refused to sign a written plea agreement and sent letters to the district court on December 5, 2002, and March 18, 2003, seeking to withdraw his plea. At the sentencing hearing, the district court denied Jarrar’s request to withdraw his plea, denied his objections to the presentence investigation report (PSR), and sua sponte departed upward four offense levels. Jarrar declined an opportunity to allocute, and the district court imposed the statutory maximum of 60 months in prison as well as 2 years of supervised release. As a special condition of supervised release, the district court ordered Jarrar to report to all jurisdictions where he had an outstanding warrant for his arrest.

Jarrar’s court-appointed counsel has filed an appellate brief with this court and also a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that he has reviewed the entire record and has found no meritorious issues. Nonetheless, counsel raised several issues which might arguably support an appeal: 1) whether the district court abused its discretion by refusing to allow Jarrar to withdraw his plea; 2) whether the district [729]*729court abused its discretion by denying Jarrar’s motion to dismiss Counts 2 and 3; 3) whether the district court clearly erred by refusing to reduce the offense level under USSG § 3E1.1 for acceptance of responsibility; 4) whether the district court clearly erred by enhancing the offense level under USSG § 2J1.3(b)(2) for substantial interference with the administration of justice as well as under USSG § 3C1.1 for obstruction of justice; 5) whether the district court clearly erred by departing upward under USSG § 5K2.0; 6) whether Jarrar’s guilty plea was valid; and 7) whether trial counsel rendered ineffective assistance.

Jarrar has filed a response, arguing that: 1) his offense level was erroneously tripled due to the three counts of indictment; 2) he was denied his right to a speedy trial; 3) the government fabricated information in the PSR concerning Jarrar’s alleged criminal history, use of aliases, use of several social security numbers, and citizenship; 4) his guilty plea was involuntary because it resulted from intimidation by the government and was made under the advice of his attorney who knew he would have to lie; 5) the government breached the plea agreement by seeking an upward departure; 6) he was erroneously assessed criminal history points for traffic offenses which took place over twelve years ago and for non-existent crimes; 7) counsel rendered ineffective assistance at trial and sentencing; 8) he does not have ten outstanding warrants in Ohio; and 9) his sentence was erroneously enhanced under § 3C1.1 based on his attempts to withdraw his plea.

Upon review, we conclude that counsel’s motion to withdraw should be granted as he has filed an acceptable Anders brief. For purposes of clarity, the issues will be grouped by phases of the criminal proceedings.

First, no appealable issues exist concerning the plea. The plea was voluntarily entered, and the district court complied with the requirements of Fed. R.Crim.P. 11. See United States v. Goldberg, 862 F.2d 101, 106 (6th Cir.1988). The court had the government explain the charge, and counsel confirmed that the explanation was adequate. The court next reviewed Jarrar’s constitutional rights with him and had the government state the maximum penalties. The court then informed Jarrar that he would be required to pay a special assessment and that the court was obligated to apply the Sentencing Guidelines. See Fed.R.Crim.P. 11(b)(1). At the court’s request, the government recited the elements of the offense and the terms of the plea agreement. The agreement specified that in exchange for Jarrar’s guilty plea to Count 1, the government would dismiss Counts 2 and 3 at sentencing and would not seek an upward departure. Additionally, Jarrar

waived the right to appeal any non-guideline issues, and the government was not barred from seeking enhancements at sentencing. Jarrar confirmed at the plea hearing that he had not been forced into pleading guilty and was pleading guilty because he was in fact guilty. See Fed. R.Crim.P. 11(b)(2). Jarrar acknowledged the factual basis for the offense, see Fed. R.Crim.P. 11(b)(3), and the court concluded by finding that Jarrar was competent and accepting his plea. There was no error in this regard.

Jarrar’s claim that he was coerced into pleading guilty is undermined by his assertions at the plea hearing that his plea was voluntary. See United States v. Todaro, 982 F.2d 1025, 1030 (6th Cir.1993) (“[A] defendant who expressly represents in open court that his guilty plea is voluntary may not ordinarily repudiate his statements to the sentencing judge.”). Furthermore, counsel and the government re[730]*730futed Jarrar’s accusations of coercion at the sentencing hearing and Jarrar declined to make any statement.

The validity of the guilty plea means that Jarrar has waived any antecedent non-jurisdictional defects in his conviction. See Tollett v. Henderson, 411 U.S. 258, 261-67, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973). Accordingly, we decline to review whether the district court erred by denying Jarrar’s motion to dismiss Counts 2 and 3 and whether Jarrar’s right to a speedy trial was violated.

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Bluebook (online)
99 F. App'x 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jarrar-ca6-2004.