United States v. Kyle Jennings

674 F. App'x 862
Court of Appeals for the Eleventh Circuit·Decided December 27, 2016·No. 15-15189 Non-Argument Calendar·Unpublished

Opinion

PER CURIAM:

Kyle Jennings appealed his conviction after pleading guilty to receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A) and (b)(1). Specifically, he argued that the district court abused its discretion in denying Jennings’s motion to withdraw or set aside his plea because a sufficient factual basis did not support the plea and he did not knowingly and voluntarily enter into the plea.

We review the district court’s denial of a motion to withdraw a guilty plea for an abuse of discretion. United States v. Symington, 781 F.3d 1308, 1312 (11th Cir. 2015). The district did not abuse its discretion unless its decision was arbitrary or unreasonable. United States v. Brehm, 442 F.3d 1291, 1298 (11th Cir. 2006) (quotation omitted). The defendant-movant carried the burden on a motion to withdraw a guilty plea. A defendant seeking to withdraw a guilty plea after its acceptance but prior to sentencing must demonstrate a “fair and just reason” for doing so. Fed. R. Crim. P. 11(d)(2)(B).

In determining whether a defendant met his burden of showing a “fair and just reason” to withdraw a guilty plea, a district court may consider the totality of circumstances surrounding the plea, including whether: (1) the close assistance of counsel was available, (2) the plea was knowing and voluntary, (3) judicial resources would be conserved, and (4) the government would be prejudiced if the defendant were allowed to withdraw his guilty plea. United States v. Buckles, 843 F.2d 469, 471-72 (11th Cir. 1988). However, the district court needed not find prejudice to the government before denying a defendant’s motion to withdraw. Id. at 474. An appellant’s failure to satisfy the first two factors of the Buckles analysis rendered analyzing the remaining factors unnecessary. See United States v. Gonzalez- *864 Mercado, 808 F.2d 796, 801 (11th Cir. 1987) (affirming a district court’s denial of a motion to withdraw a guilty plea based on the first two factors, but declining to give “considerable weight” to the third factor or “particular attention to the possibility of prejudice to the government”).

In determining whether a plea was knowing and voluntary, the district court must ensure compliance with the core concerns of Fed. R. Crim. P. 11, including that the defendant: “(1) enter[ed] his guilty plea free from coercion, (2) understood] the nature of the charges, and (3) understood] the consequences of his plea.” United States v. Moriarty, 429 F.3d 1012, 1019 (11th Cir. 2005). Additionally, the “good faith, credibility, and weight of a defendant’s assertions in support of a motion to withdraw a guilty plea [we]re issues for the trial court to decide.” United States v. Brehm, 442 F.3d 1291, 1298 (11th Cir. 2006). Statements made under oath by a defendant during a plea colloquy received a strong presumption of truthfulness. United States v. Medlock, 12 F.3d 185, 187 (11th Cir. 1994). Consequently, a defendant bore “a heavy burden” to show that his statements under oath were false. United States v. Rogers, 848 F.2d 166, 168 (11th Cir. 1988).

We have also noted that “the timing of [an] appellant’s motion to withdraw also deserves ... consideration.” Gonzalez-Mercado, 808 F.2d at 801. “The timing between entry of the plea and motion to withdraw the plea may be indicative of the defendant’s motivation.” Id. To grant a motion to withdraw simply because a defendant was weary of an anticipated harsher-than-contemplated sentence would be to permit an appellant to use the guilty plea as a means of testing the weight of a potential sentence—a primary ground for denying plea changes. Id. An appellant “should not be allowed to circumvent the finality of Rule 11” when the motion to withdraw was filed because the appellant anticipated a harsher-than-contemplated sentence. Id.

Upon review of the record and consideration of the briefs of the parties, we affirm that the district court did not abuse its discretion in denying Jennings’s motion to withdraw his guilty plea. The record reflected ample evidence for the district court to conclude that Jennings had close assistance of counsel leading up to his guilty plea. Jennings stated that his attorney fully and completely discussed the case with him and that he was completely satisfied with his attorney’s advice and representation.

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United States v. Kyle Jennings, 674 F. App'x 862 (11th Cir. 2016).

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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. 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. Larry Jarome Rogers
848 F.2d 166 (Eleventh Circuit, 1988)
United States v. Joseph Symington
781 F.3d 1308 (Eleventh Circuit, 2015)