United States v. John F. Rourke

74 F.3d 802, 1996 U.S. App. LEXIS 755
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 22, 1996
Docket93-1731 and 93-2667
StatusPublished
Cited by24 cases

This text of 74 F.3d 802 (United States v. John F. Rourke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. John F. Rourke, 74 F.3d 802, 1996 U.S. App. LEXIS 755 (7th Cir. 1996).

Opinions

COFFEY, Circuit Judge.

On May 19, 1983, a federal grand jury returned an indictment charging the defendant Rourke with one count of conspiracy to possess with intent to distribute in excess of 1,000 pounds of marijuana, in violation of 21 U.S.C. § 846, and one count of conspiracy to import marijuana into the United States, in violation of 21 U.S.C. § 963. Rourke entered into a plea agreement and pled guilty to the charge of conspiracy to possess with intent to distribute marijuana. He was sentenced to three years probation and ordered to perform 250 hours of community service during each of those three years. In 1993, Rourke filed motions for relief pursuant to Federal Rule of Civil Procedure 60(b) and 28 U.S.C. § 2255, claiming that the United States Attorney for the Northern District of Illinois breached its plea agreement with him. The motions were denied and Rourke appeals. We AFFIRM.

I. FACTUAL BACKGROUND

At the defendant’s plea hearing, the facts of Rourke’s crime were provided by the Assistant United States Attorney (“AUSA”). According to the AUSA, sometime during 1980 or 1981, Rourke, a licensed pilot, joined the Araneo Marijuana Organization, a drug conspiracy that acquired marijuana in Jamai-[804]*804ea, flew it to Florida, South Carolina, and North Carolina, and then distributed it to various co-eonspirators, including ones in the metropolitan Chieago, Illinois area. Soon after Rourke joined the conspiracy, marijuana was obtained from Colombia, South America, flown to Coffeyville, Kansas, transported to Oklahoma and Arkansas by truck, and distributed throughout the country, including to Chicago, Illinois.

Rourke’s role in the conspiracy involved the transportation of the drugs by plane, primarily arranging for the use, repair, and maintenance of the DC-6’s the conspirators flew from Columbia to Kansas. The defendant also, on occasion, flew members of the drug conspiracy to various meetings that were held in furtherance of the conspiratorial scheme as well as participating in some of the meetings. At the plea hearing, Rourke stated that he never personally transported any marijuana.

The AUSA reached a plea agreement with Rourke who agreed to plead guilty to one count of conspiring to possess with intent to distribute in excess of 1,000 pounds of marijuana, while the conspiracy charge to import marijuana was dismissed. At the plea hearing, the AUSA stated that in exchange for the defendant’s plea:

the government has agreed not to oppose [defense counsel’s] recommendation for work release; however, it is part of the agreement that the government will oppose any recommendation for straight probation. Furthermore, the government has agreed not to take any action with respect to Mr. Rourke’s pilot’s license.

On May 2, 1984, the day after the plea hearing, the AUSA sent a letter to Rourke’s attorney, confirming the terms of the plea agreement. The relevant part of the letter, vis a vis this appeal, stated that “[t]he United States Attorney further agreed to take no action with respect to your client’s aircraft pilot’s license.” (Emphasis added). In response to this letter, on May 11 Rourke’s counsel made no specific reference to the provision referring to either the United States Attorney’s language referencing “the government,” or Rourke’s pilot’s license. He merely clarified his understanding of the work release portion of his client’s sentence and also stated that “[i]n all other respects I agree with the plea agreement as outlined in your letter.” (emphasis added). Subsequently, Rourke was convicted of additional drug-trafficking crimes in Virginia and Oklahoma.1

In a letter dated January 22, 1986, the Federal Aviation Administration (“FAA”) advised Rourke that it would revoke his airman certificate (pilot’s license). On July 18,1986, Rourke received an official FAA Order of Revocation of his pilot’s license, stating that “the Administrator has determined that you lack the degree of care, judgment, and responsibility required of the holder of a pilot certificate and that safety in air commerce and the public interest require the revocation of your airman certificate,” effective August 11, 1986. The letter stated that the revocation was based on Rourke’s conviction in the Northern District of Illinois for a violation of 21 U.S.C. § 846, and cited the Federal Aviation Act §§ 61.15(e) & 65.12(c) (conviction of any federal offense relating to marijuana is grounds for revoking airman certificates and mechanic certificates, respectively).

In April 1993, Rourke, with substitute counsel, filed a motion in district court (Fed. R.Civ.P. 60(b)),2 arguing that the FAA’s suspension of his license was a violation of his plea agreement, and requesting that the court compel the government (the FAA) to [805]*805reinstate his pilot’s license. The defendant, through his substitute attorney, claimed that when the AUSA stated at the plea hearing that “the government” would not take any action with regard to his pilot’s license, he was led to believe that the Assistant United States Attorney meant to bind the entire United States Government, including the agency responsible for the issuance of his pilot’s license, the FAA. The court disposed of the motion without a hearing, stating that Rule 60(b) was not the proper vehicle for this type of relief, but that the court still had jurisdiction to enforce the terms of the plea agreement. The judge reviewed and interpreted the agreement and the letters sent between the AUSA and defense counsel and found that “the written documents and court transcripts ... reveal that the term ‘government’ in the plea agreement clearly referred solely to the United States Attorney’s Office [for the Northern District of Illinois],” and thus, did not bind the FAA Rourke appeals the denial of his Rule 60(b) motion.

Before the appellate court had ruled on the merits of the defendant’s 60(b) motion, Rourke filed a 28 U.S.C. § 2255 motion for collateral relief with the trial court, again arguing that the United States Attorney for the Northern District of Illinois breached its agreement with him when the FAA revoked his license. The district judge dismissed this claim as well, stating that he had previously ruled on the merits of this issue in the context of the Rule 60(b) motion and refused to revisit the issue on collateral review. He did, however, reiterate and make clear that he “interpreted the term, ‘government’ as referring only to the United States Attorney for the Northern District of Illinois.” Rourke appeals the denial of his 60(b) motion as well as his § 2255 motion.3

II. DISCUSSION

The issue on appeal is whether the United States Attorney for the Northern District of Illinois breached the plea agreement entered into with the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Muhammad v. Kentucky Parole Board
468 S.W.3d 331 (Kentucky Supreme Court, 2015)
United States v. Scott Adkins
743 F.3d 176 (Seventh Circuit, 2014)
Young v. United States
953 F. Supp. 2d 1049 (D. South Dakota, 2013)
State ex rel. Washington v. State
2012 WI App 74 (Court of Appeals of Wisconsin, 2012)
Marvel Thompson v. United States
431 F. App'x 491 (Seventh Circuit, 2011)
United States v. Jackson
635 F.3d 205 (Sixth Circuit, 2011)
United States v. Monroe
580 F.3d 552 (Seventh Circuit, 2009)
United States v. John Monroe
Seventh Circuit, 2009
United States v. Farmer
543 F.3d 363 (Seventh Circuit, 2008)
State v. Bethel
854 N.E.2d 150 (Ohio Supreme Court, 2006)
State v. Bisson
130 P.3d 820 (Washington Supreme Court, 2006)
United States v. Wilson
114 F. App'x 757 (Seventh Circuit, 2004)
United States v. Heaps
Tenth Circuit, 1999
United States v. Andreas
39 F. Supp. 2d 1048 (N.D. Illinois, 1998)
Hawkins v. Hannigan
979 F. Supp. 1397 (D. Kansas, 1997)
United States v. William R. Williams
102 F.3d 923 (Seventh Circuit, 1996)
United States v. Van Thournout
100 F.3d 590 (Eighth Circuit, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
74 F.3d 802, 1996 U.S. App. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-f-rourke-ca7-1996.