United States v. Marvell Culp

608 F. App'x 390
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 23, 2015
Docket14-5585
StatusUnpublished

This text of 608 F. App'x 390 (United States v. Marvell Culp) 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. Marvell Culp, 608 F. App'x 390 (6th Cir. 2015).

Opinion

OPINION

PER CURIAM.

Marvell Culp pleaded guilty to sex trafficking, had second thoughts, and moved to withdraw his plea. The district court denied his motion and then sentenced him, among other things, to pay $4,500 in restitution to one of his victims. Culp appeals the denial of his motion and the order of restitution.

Culp claims he is innocent, never wanted to plead guilty to sex trafficking, and should have been allowed to withdraw his guilty plea. He argues that while he was violent with a prostitute, this was a case of “domestic violence turned to sex trafficking.” Culp also argues that, because his victim provided inadequate proof of her claimed losses, the district court improperly ordered him to pay $4,500 in restitution.

I.

In a thirteen-count superseding indictment, the government charged Culp with two counts of sex trafficking, 18 U.S.C. § 1591; nine counts of using an interstate facility to promote prostitution, 18 U.S.C. § 1952; one count of solicitation to commit kidnapping, 18 U.S.C. § 373; and one count of obstruction of-justice, 18 U.S.C. § 1503. After the district court denied Culp’s motion to suppress incriminating handwritten notes and phone calls, Culp agreed to plead guilty pursuant to a written agreement.

As part of the plea agreement, the government agreed to dismiss all but one count of the superseding indictment. Culp appeared at a change-of-plea hearing on September 6, 2012 intending to plead guilty. Because Culp expressed uncertainty about pleading guilty, the court continued the hearing, allowing him time to reconsider. Culp returned to court on September 11, 2012 and pleaded guilty to one count of sex trafficking. On September 18, 2013, more than a year after his guilty plea, he filed a Motion to Withdraw Guilty Plea Pursuant to Rule 11(d)(2)(B). The district court denied Culp’s motion on February 4, 2014.

In April 2014, the district court sentenced Culp to fifteen years of imprisonment, five years of supervised release, and ordered him to pay $4,500 in restitution to the victim.

II.

1. Withdrawal of Guilty Plea

We review the district court’s denial of a motion to withdraw a guilty plea for an abuse of discretion. United States v. Haygood, 549 F.3d 1049, 1052 (6th Cir.2008). “A district court abuses its discretion when it ‘relies on clearly erroneous findings of fact, improperly applies the law or uses an *391 erroneous legal standard.’ ” United States v. Goddard, 638 F.3d 490, 493 (6th Cir.2011) (quoting United States v. Ellis, 470 F.3d 275, 280 (6th Cir.2006)).

Rule 11 of the Federal Rules of Criminal Procedure governs. pleas. It permits a defendant to withdraw a guilty plea “after the court accepts the plea, but before it imposes sentence if ... the defendant can show a fair and just reason for requesting the withdrawal.” Fed.R.Crim.P. 11(d)(2). The purpose of Rule 11 is to allow a defendant to withdraw “a hastily entered plea made with unsure heart and confused mind.” United States v. Alexander, 948 F.2d 1002, 1004 (6th Cir.1991). To determine whether a defendant has shown a fair and just reason for requesting a plea withdrawal, we look at a number of factors, including:

(1) the amount of time that elapsed between the plea and the motion to withdraw it; (2) the presence (or absence) of a valid reason for the failure to move for withdrawal earlier in the proceedings; (3) whether the defendant has asserted or maintained his innocence; (4) the circumstances underlying the entry of the guilty plea; (5) the defendant’s nature and background; (6) the degree to which the defendant has had prior experience with the criminal justice system; and (7) potential prejudice to the government if the motion to withdraw is granted.

Haygood, 549 F.3d at 1052 (quoting United States v. Bashara, 27 F.3d 1174, 1181 (6th Cir.1994)); see also United States v. Martin, 668 F.3d 787, 795-97 (6th Cir.2012). These factors are a useful guide, but they are “general and nonexclusive.” Id.

When a defendant has a change of heart and asks the court to withdraw his plea, he must do so without unwarranted delay. See, e.g., United States v. Baez, 87 F.3d 805, 808 (6th Cir.1996) (finding a 67-day delay between plea and motion to withdraw excessive); United States v. Valdez, 362 F.3d 903, 912 (6th Cir.2004) (75 day excessive); Haygood, 549 F.3d at 1053 (138 days excessive). A delay of more than six months presents a defendant with an almost insurmountable obstacle to withdrawal. See Ellis, 470 F.3d at 282 (“[P]ro-longed delay weighs heavily against Defendant and supports an affirmance of the district court’s denial of the motion.”). Here,' Culp moved to "withdraw his plea more than a year after pleading guilty and is unable to establish a valid excuse for the delay. This prolonged delay supports the district court’s denial of Culp’s motion.

The circumstances underlying the entry of the guilty plea show a patient and methodical approach by the district court. When Culp first appeared to enter his guilty plea and expressed confusion and discomfort to the district court, the district court delayed Culp’s plea decision for five days. When Culp returned, the district court was satisfied that Culp was alert to the proceedings, calm, and had made a sober decision. The district court took precautions to ensure that Culp entered his guilty plea thoughtfully, not under coercion, and with a sound mind. The circumstances underlying Culp’s guilty plea provide' no reason to allow him to withdraw it.

Culp’s lengthy delay in moving to withdraw coupled with the district court’s patience weigh strongly against withdrawal.

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Related

United States v. Goddard
638 F.3d 490 (Sixth Circuit, 2011)
United States v. Michael Alexander
948 F.2d 1002 (Sixth Circuit, 1991)
United States v. Martin
668 F.3d 787 (Sixth Circuit, 2012)
United States v. Alan Louis Bashara
27 F.3d 1174 (Sixth Circuit, 1994)
United States v. Maximiliano Baez
87 F.3d 805 (Sixth Circuit, 1996)
United States v. Francis A. Koeberlein
161 F.3d 946 (Sixth Circuit, 1998)
United States v. Julio Valdez
362 F.3d 903 (Sixth Circuit, 2004)
United States v. Bernard H. Ellis, Jr.
470 F.3d 275 (Sixth Circuit, 2006)
United States v. Haygood
549 F.3d 1049 (Sixth Circuit, 2008)
United States v. Michael Winans, Jr.
748 F.3d 268 (Sixth Circuit, 2014)

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Bluebook (online)
608 F. App'x 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-marvell-culp-ca6-2015.