United States v. Manila Chicago

711 F. App'x 512
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 29, 2017
Docket16-16397 Non-Argument Calendar
StatusUnpublished
Cited by1 cases

This text of 711 F. App'x 512 (United States v. Manila Chicago) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Manila Chicago, 711 F. App'x 512 (11th Cir. 2017).

Opinion

PER CURIAM:

Defendant appeals the district court’s denial of his motion tó withdraw his guilty plea, arguing that the court abused its discretion by not allowing him to effectively argue his motion. We affirm.

I. BACKGROUND

Defendant Manila Chicago (“Defendant”) was indicted by a federal grand jury on 16 counts of various drug, gun, and money laundering charges. Based on an evaluation conducted by the Bureau of Prisons, the district court found that Defendant was competent to stand trial. Defendant subsequently entered into a plea agreement in which he agreed to plead guilty to one count each of drug trafficking, using a firearm in relation to drug trafficking, and money laundering. In return, the Government agreed to drop the remaining charges, not pursue additional charges related to the underlying facts of the indictment, and recommend a sentence at the low end of the sentencing guidelines.

In his change of plea hearing, Defendant acknowledged that he had discussed the charges pending against him with his attorney and that he was prepared to plead guilty. Defendant further acknowledged that he had read and discussed the plea agreement and factual resume with his attorney, that he understood what was in the plea agreement, and that he was pleading guilty of his own free will and was not coerced or threatened. Defendant stated that he was fully satisfied with his attorney’s representation of him. After reviewing the charges with Defendant and the possible sentences and related effects of pleading guilty to a felony, the court found that Defendant was

fully competent and capable of entering an informed plea; that he is aware of the nature of the charges and the consequences of the plea; that the plea of guilty is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offenses.

The court subsequently accepted Defendant’s guilty plea.

During his sentencing hearing, however, Defendant made a statement to the court in which he claimed he did not understand parts of his plea agreement and signed the agreement because his attorney told him to. Defendant specifically claimed that the money laundering charge against him was “a lie.” The district court understood Defendant’s statements to be an attempt to withdraw at least a portion of his guilty plea, but, because of Defendant’s assurances at the change of plea hearing, the court denied Defendant’s request. The court subsequently sentenced Defendant to 111 months’ imprisonment. On appeal, Defendant argues that the district court erred by not allowing him to “effectively argue” his motion to withdraw his guilty plea.

II. DISCUSSION

A. Standard of Review

We review a district court’s denial of-a request to withdraw a guilty plea for abuse of discretion, and there is no abuse of discretion unless the denial is “arbitrary or unreasonable.” United States v. Brehm, 442 F.3d 1291, 1298 (11th Cir. 2006) (quoting United States v. Weaver, 275 F.3d 1320,1328 n.8 (11th Cir.2001)).

B. Whether Defendant Has Shown a Fair and Just Reason for Requesting to Withdraw His Guilty Plea

A criminal defendant may withdraw a guilty plea after the court accepts it, but before he is sentenced, if “the defendant can show a fair and just reason for requesting the withdrawal.” Fed. R. Crim. P. 11(d)(2)(B). In determining whether a defendant has shown a fair and just reason for withdrawing his plea, a court may consider the “totality of the circumstances surrounding the plea,” including “(1) whether close assistance of counsel was available; (2) whether the plea was knowing and voluntary; (3) whether judicial resources would be conserved; and (4) whether the government would be prejudiced if the defendant were allowed to withdraw his plea.” Brehm, 442 F.3d at 1298 (quoting United States v. Buckles, 843 F.2d 469, 471-72 (11th Cir. 1988)). If a defendant cannot satisfy the first two of these factors, however, a court need not give “considerable weight” or “particular attention” to the remaining factors. See United States v. Gonzalez-Mercado, 808 F.2d 796, 801 (11th Cir. 1987). Additionally, the timing of the motion to withdraw is relevant because “[a] swift change of heart is itself strong indication that the plea was entered in haste and confusion.” Id. (internal quotation marks omitted).

We conclude that the district court did not abuse its discretion in denying Defendant’s motion to withdraw his guilty plea. None of the relevant factors mentioned above tilt in his favor.

1. Close Assistance of Counsel

Defendant testified at his change of plea hearing that he had discussed the charges, possible defenses, the plea agreement, and the factual resume with his attorney, that he understood the plea agreement, and that he was fully satisfied with his representation, despite a previous argument. There is a strong presumption that these statements are true. See Gonzalez-Mercado, 808 F.2d at 800 n.8. Defendant also acknowledged that by signing the plea agreement — which Defendant’s counsel spent a “long time” reviewing with Defendant to ensure that Defendant understood “every word” — he had the benefit of legal counsel in negotiating the plea and that he was “completely satisfied” with the legal advice of his attorney. In addition, the district court was able to observe that Defendant’s counsel had multiple off-the-record conversations with him through an interpreter during the plea hearing, apparently to make sure that Defendant adequately understood the court’s questions.

Although Defendant did later argue at his sentencing hearing that he did not understand the plea agreement but had simply signed because his attorney told him to, it is for the district court to decide “[t]he good faith, credibility and weight of a defendant’s assertions in support of a motion” to withdraw a guilty plea. Brehm, 442 F.3d at 1298 (internal quotation marks omitted). The district court implicitly discounted these assertions by Defendant, noting that it was convinced that Defendant knew he was pleading guilty at the plea hearing based on Defendant’s responses to the court’s questions. Given Defendant’s affirmative responses that he received assistance from counsel and was satisfied with that assistance, the district court did not abuse its discretion by concluding that Defendant had entered his guilty plea with the “close assistance of counsel.” Brehm, 442 F.3d at 1298.

2.Knowing and Voluntary Plea

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Cite This Page — Counsel Stack

Bluebook (online)
711 F. App'x 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-manila-chicago-ca11-2017.