United States v. Julius Harrison

505 F. App'x 876
Court of Appeals for the Eleventh Circuit·Decided January 30, 2013·No. 11-14515·Unpublished

Opinion

PER CURIAM:

On October 5, 2006, a man wearing a white surgical-type mask, a black jumpsuit, and a baseball cap entered a branch of the Washington Mutual Bank located in Henry County, Georgia. He threatened the tellers with a black semiautomatic pistol and what appeared to be a bomb 1 and demanded money. After obtaining $1,000, he fled the scene in a white and royal blue Ford F-150 pickup truck. After the robbery, a mask and a hat were found lying outside an automobile shop approximately one block from the bank. The police determined that the robber was appellant Julius Leroy Harrison, obtained a search warrant for his residence, and found evidence linking him to the robbery; it in- *878 eluded white masks and a baseball cap similar to those worn by the robber.

On October 20, 2006, Atlanta police stopped Harrison in an unrelated matter, searched him and found a loaded .40 caliber pistol, the number of which had been obliterated, and a bag of marijuana. He was arrested, taken into custody by the Henry County Sheriffs office, and questioned by an FBI agent and a sheriffs investigator. He admitted the robbery, and on October 23, 2006, a Northern District of Georgia magistrate judge issued a complaint charging him with bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and with using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). He was in custody, but due to an administrative error he was mistakenly released.

On February 5, 2008, a Northern District of Georgia grand jury indicted Harrison on the charges listed in the October 23, 2006 complaint, and two days later he was taken into custody. A superseding indictment issued on March 18, 2008. It charged Harrison with the additional offense of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1), and pursuant to 18 U.S.C. § 3559(c), provided him with notice that he qualified for enhanced punishment on the bank robbery charge and, if convicted of the charge, faced a mandatory life sentence.

On February 18, 2008, while in custody in the Fulton County Jail, Harrison attempted suicide. Pursuant to court order, he was evaluated at the Federal Medical Center in Lexington, Kentucky, and on March 25, 2009, following a hearing, a magistrate judge found him competent to stand trial. On August 23, 2009, after his trial had been continued, Harrison again attempted suicide, by inflicting cuts on his left arm, and was placed on suicide watch. After he attempted suicide again, by hanging, on September 15, 2009, the District Court had him evaluated at the Federal Medical Center at Butner, North Carolina, and again continued his trial.

By December 2009, the court and counsel for the respective parties were apparently satisfied that Harrison was competent to stand trial, so his case proceeded to trial, on December 15. In the second day of trial, Harrison, having negotiated a plea agreement with the Government, tendered pleas of guilty to all charges. Under the plea agreement, although the maximum sentence Harrison could receive was life imprisonment, the Government recommended a total sentence of 420 months. During the plea colloquy that ensued, the court asked Harrison if he had any questions about the representation counsel had provided him, and he stated that he was satisfied. The court then accepted his plea.

On April 9, 2009, defense counsel informed the court that Harrison wanted to withdraw his pleas of guilty, that Harrison pled guilty because he felt that counsel “wasn’t prepared to do a good job at trial.” On April 13, 2009, the District Court held a hearing on Harrison request. Harrison testified that counsel had been derelict in failing to subpoena some alibi witnesses who would testify that he was at work at the time of the robbery. The court informed Harrison that it could not vacate his pleas without asking counsel about the conversations he had had with Harrison. Harrison agreed to allow counsel to speak. Counsel then testified that in November, shortly before trial, Harrison told him that, at the time of the bank robbery, he was working on “some cars for people at Texaco,” a service station he frequented from time to time while not working on his regular “large machinery job.” But Harrison could not recall the names of the peo- *879 pie or what cars he was working on. When the court asked Harrison if he had any additional information about witnesses he may have wanted subpoenaed, he testified that counsel “never did get in touch with people at the Texaco.”

The court denied Harrison’s motion to withdraw his guilty pleas and sentenced him to 300 months’ imprisonment on the bank robbery charge and 420 months on the other two charges, the sentences to run concurrently. He now appeals the court’s judgment, arguing that: (1) his guilty pleas were involuntary; (2) the District Court abused its discretion in denying his request to withdraw the pleas; and (3) the pleas resulted from ineffective assistance of counsel. We address these arguments in order.

I.

Harrison contends the his pleas were involuntary, the product of his loss of all confidence in his attorney’s ability to defend him. And he felt forced to plead guilty to avoid a certain life sentence. He also says that the mental health issues he was suffering played a role in his decision.

A guilty plea waives a number of constitutional rights, and must therefore be made knowingly and voluntarily to satisfy due process. United States v. Moriarty, 429 F.3d 1012, 1019 (11th Cir.2005). We determine the voluntariness of a guilty plea de novo. United States v. Bushert, 997 F.2d 1343, 1352 (11th Cir.1993). To determine that a guilty plea is knowing and voluntary, the court must specifically address the three core concerns of Federal Rule of Criminal Procedure 11 by ensuring that the defendant: (1) enters his guilty plea free from coercion; (2) understands the nature of the charges; and (3) understands the consequences of his plea. Moriarty, 429 F.3d at 1019. A strong presumption exists that statements made during a plea colloquy are true. United States v. Medlock, 12 F.3d 185, 187 (11th Cir.1994).

The record reflects that Harrison’s pleas were voluntary. First of all, Harrison entered the pleas free from coercion. See Moriarty, 429 F.3d at 1019.

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

United States v. Julius Harrison, 505 F. App'x 876 (11th Cir. 2013).

505 F. App'x 876 (United States v. Julius Harrison) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Jason M. Moriarty
429 F.3d 1012 (Eleventh Circuit, 2005)
United States v. Robert Brehm
442 F.3d 1291 (Eleventh Circuit, 2006)
United States v. Brown
586 F.3d 1342 (Eleventh Circuit, 2009)
United States v. Orlando Jairo Gonzalez-Mercado
808 F.2d 796 (Eleventh Circuit, 1987)
United States v. James Buckles, A/K/A Jimmy Buckles
843 F.2d 469 (Eleventh Circuit, 1988)
United States v. James Bushert
997 F.2d 1343 (Eleventh Circuit, 1993)