United States v. Maurice Dwight Marshall

453 F. App'x 911
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 28, 2011
Docket11-12334
StatusUnpublished
Cited by1 cases

This text of 453 F. App'x 911 (United States v. Maurice Dwight Marshall) 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. Maurice Dwight Marshall, 453 F. App'x 911 (11th Cir. 2011).

Opinion

PER CURIAM:

Maurice Marshall appeals his convictions and 108-month total sentence for conspiracy to possess with intent to distribute a detectable amount of Oxycodone, in violation of 21 U.S.C. § 846, and possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, he argues that: (1) the district court erroneously denied his motion for reconsideration of the denial of his motion to suppress; (2) the government breached the plea agreement when it failed to return property not included in the final order of forfeiture; and (3) the district court erroneously denied his request for a minor role reduction. For the reasons set forth below, we affirm Marshall’s convictions and dismiss his appeal of his sentences.

I.

Marshall was indicted for, among other things, conspiring to possess with intent to distribute a substance containing a detectable amount of Oxycodone, in violation of 21 U.S.C. § 846, and possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The indictment included a forfeiture provision, which specified that $7,137, a 9-millimeter pistol, and 10 rounds of 9-millimeter ammunition were subject to forfeiture.

He filed a motion to suppress, which the district court ultimately denied. Marshall then filed a motion for reconsideration of that denial, which the court also denied.

Marshall and the government entered into a written plea agreement. The agreement contained an appeal waiver, under which Marshall waived his right to appeal his sentence unless it exceeded the statutory maximum sentence or the court imposed an upward departure, variance, or both from the guideline range it established. Marshall would also be released from the appeal waiver if the government appealed his sentence.

At the change of plea hearing, Marshall testified that he had been able to communicate with his attorney, he and his attorney had thoroughly discussed the case, his attorney had answered all of his questions to his satisfaction, he was satisfied with his attorney’s advice and representation, and *913 he had discussed every page of the plea agreement with his attorney before signing it. No one had threatened Marshall to persuade him to accept the plea agreement and plead guilty, nor had anyone made him any promises not contained in the plea agreement. He was aware of the elements the government would have to prove before he could be found guilty.

Marshall further testified that he understood that, by pleading guilty, he was giving up his right not to incriminate himself, to a trial, to be represented by an attorney at trial, to have an attorney appointed for trial if he could not afford one, to see and cross-examine the government’s witnesses, to testify or not testify without having his decision held against him by the jury, and to call and subpoena witnesses in his defense. Marshall was aware that his maximum sentence for violating 21 U.S.C. § 846 was 20 years’ imprisonment, 3 years’ supervised release, and a $1 million fine. He was aware that his maximum sentence for violating 18 U.S.C. § 922(g)(1) was 10 years’ imprisonment, 3 years’ supervised release, and a $250,000 fine.

The court discussed the appeal waiver, and Marshall testified that he was aware that he was waiving his right to appeal his sentence unless it exceeded the statutory maximum sentence or the court imposed an upward departure from the guideline range as determined at sentencing. He understood that, even if the court made a mistake in calculating his guideline range, he would not be able to appeal that mistake. He had discussed the appeal waiver with his attorney, was freely and voluntarily waiving his right to appeal, and had no reservations about his decision. The court found that Marshall had freely, voluntarily, and knowingly waived his right to appeal his sentence.

The court also discussed the items that would be subject to forfeiture, and the government and Marshall’s attorney agreed that $7,137, the gun, and the ammunition were subject to criminal forfeiture. However, Marshall’s attorney argued that $3,170 and jewelry found on Marshall’s person were not listed in the indictment. His attorney further stated that the government had told him that it could not make any promises as to the return of those items, and that he understood that he could attempt to recover those items through an administrative procedure. The government stated that, separately from the criminal case, it would seek to administratively forfeit the $3,170 and jewelry. The court accepted Marshall’s guilty plea.

Prior to sentencing, upon the government’s motion, the court entered a preliminary order of forfeiture of the gun and ammunition listed in the indictment. At sentencing, Marshall’s attorney stated that the court could enter a final order of forfeiture for the gun and ammunition. The government asked that the $7,137 listed in the indictment be forfeited. As to his guideline calculations, Marshall objected that he should have received a minor role reduction. The court denied this request and stated that his guideline range was 108 to 135 months’ imprisonment. The court imposed a 108-month sentence for each count, to run concurrently, and forfeited Marshall’s right to the property identified in the preliminary order of forfeiture. The court entered a final order of forfeiture of the gun and ammunition.

II.

A defendant waives all nonjurisdictional defects when he pleads guilty “knowingly, voluntarily, and with the benefit of competent counsel.” United States v. Yunis, 723 F.2d 795, 796 (11th Cir.1984). A claim that the government illegally obtained evidence is nonjurisdictional. United States v. Sepe, 474 F.2d 784, 788 (5th Cir.), aff'd on reh’g en banc, 486 F.2d 1044 (5th Cir. *914 1973). A guilty plea is knowing and voluntary if the defendant entered the plea •without coercion and with an understanding of the nature of the charges and the consequences of the plea. United States v. Brown, 586 F.3d 1342, 1346 (11th Cir.2009), ce rt. denied, - U.S. -, 130 S.Ct. 2403, 176 L.Ed.2d 926 (2010). “There is a strong presumption that the statements made during the [plea] colloquy are true.” United States v. Medlock, 12 F.3d 185, 187 (11th Cir.1994).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
453 F. App'x 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maurice-dwight-marshall-ca11-2011.