United States v. Mauricio Torres

453 F. App'x 541
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 16, 2011
Docket10-20167
StatusUnpublished
Cited by1 cases

This text of 453 F. App'x 541 (United States v. Mauricio Torres) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Mauricio Torres, 453 F. App'x 541 (5th Cir. 2011).

Opinion

*542 PER CURIAM: *

Appellant Mauricio Cabrera Torres (Torres) appeals his guilty plea conviction for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and 100 grams or more of heroin in violation of 21 U.S.C. §§ 846, and 841(a)(1), (b)(1)(A), and (b)(1)(B). Torres argues that the district court erred when it improperly admonished him of his rights during a Rule 11 guilty plea hearing. See Fed.R.Crim.P. 11. Because Torres fails to establish plain error, we affirm.

I.

Torres was arrested following his involvement in a series of drug transactions. At his Rule 11 hearing, Torres pleaded guilty to Count 1 of the indictment — conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and 100 grams or more of heroin. He acknowledged that he discussed the charges and evidence with his attorney, and that he knew what the government needed to prove to establish his guilt. He also indicated that he read and discussed the plea agreement with his attorney. Torres admitted guilt and that the agreement’s factual basis was true. Finally, Torres signed the written agreement, which included an addendum where Torres asserted that his counsel had fully explained the nature of the charges along with every part of the plea agreement, and that he understood the agreement and voluntarily pleaded guilty. The district court accepted the guilty plea and sentenced Torres to 182 months’ imprisonment and five years of supervised release.

On appeal, Torres alleges the district court erred by not clarifying that Count 1 included conspiracy to possess and distribute both cocaine and heroin. Torres argues the district court created a perception that Torres was pleading guilty only to a cocaine conspiracy, and that his involvement in a heroin conspiracy would only be included in determining his “relevant conduct” for sentencing purposes. Torres also contends that the district court erred by failing to include two elements of a conspiracy offense in its recitation of the conspiracy charge — the defendant’s knowledge of an agreement and his voluntary participation in the conspiracy — resulting in Torres’s belief that the government had to prove only an agreement between himself and his co-conspirators to commit a crime.

II.

Because Torres failed to object to the district court’s alleged errors during his Rule 11 hearing, we review for plain error only. 1 See United States v. Reyes, 300 F.3d 555, 558 (5th Cir.2002) (citing United States v. Vonn, 535 U.S. 55, 59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002)). Under our plain error analysis, Torres must establish that: “(1) there is an error, (2) that is clear and obvious, and (3) that affects his substantial rights.” Id. (citing United States v. Marek, 238 F.3d 310, 315 (5th Cir.2001) *543 (en banc)). “If these factors are established, the decision to correct the forfeited error still lies within our sound discretion, which we will not exercise unless the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. (quoting Marek, 238 F.3d at 315).

Rule 11 proceedings ensure that a defendant’s guilty plea is knowing and voluntary. Id. The district court “must personally inform the defendant of the nature of the charge to which he pleads ... [and] determine that the defendant understands the nature of the charge.” United States v. Adams, 566 F.2d 962, 967 (5th Cir.1978). To show that his substantial rights have been affected, Torres “must show a reasonable probability that, but for the error, he would not have entered the [guilty] plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004). The reviewing court evaluates the entire record to determine whether a different result was probable had the error not occurred. Id.

A.

The district court’s failure to discuss the heroin conspiracy in Count 1 does not constitute plain error. “Under [21 U.S.C. § 846], the government must demonstrate beyond a reasonable doubt that the defendant conspired to possess with intent to distribute some controlled substance.” United States v. Patino-Prado, 533 F.3d 304, 309-10 (5th Cir.2008). “Drug type is not an element of [21 U.S.C. § 841(a)(1) ].” Id. at 309. To sustain a conviction against Torres at trial, the government only needed to prove conspiracy with respect to cocaine or heroin, but not both. See id. at 310 (holding proof of a marijuana conspiracy sufficient to convict a defendant of an indicted charge alleging conspiracy to possess and distribute both marijuana and cocaine). Thus, the district court did not err when it omitted heroin from the recitation of Count 1 because the inclusion of cocaine sufficiently informed Torres that possession of a controlled substance was an element of the offense.

B.

To sustain a conspiracy conviction, “the government must prove beyond a reasonable doubt: (1) the existence of an agreement between two or more persons to violate narcotics laws, (2) the defendant’s knowledge of the agreement, and (3) his voluntary participation in the conspiracy.” Id. at 309. Torres complains the district court erred by not discussing the second and third elements of a conspiracy, and argues a more complete explanation was necessary because “Rule ll’s requirement that defendants understand the ‘nature of the charge’ against them refers to the elements of the offense.” United States v. Lujano-Perez, 274 F.3d 219, 224 (5th Cir.2001) (citation omitted).

Torres fails to establish a reasonable probability that, had the district court explained the second and third elements of a conspiracy, he would not have pleaded guilty. Record evidence shows that the government and Torres’s counsel never believed Torres would proceed to trial. Nineteen days before the trial’s scheduled start, Torres’s attorney filed a motion to substitute counsel stating that he had not prepared for trial because Torres indicated he was going to plead guilty.

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

Related

United States v. Milton Jones
425 F. App'x 449 (Sixth Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
453 F. App'x 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mauricio-torres-ca5-2011.