United States v. Pierre Warren

575 F. App'x 158
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 6, 2014
Docket13-4865
StatusUnpublished

This text of 575 F. App'x 158 (United States v. Pierre Warren) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Pierre Warren, 575 F. App'x 158 (4th Cir. 2014).

Opinion

PER CURIAM:

Pierre Lacosta Warren appeals the district court’s judgment sentencing him to sixty months in prison after pleading guilty to conspiracy to distribute and possess with intent to distribute 1000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(A), 846 (2012), and conspiracy to commit money laundering, in violation of 18 U.S.C. § 195 6(a)(1)(B)(i), (h) (2012). Warren’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there are no meritorious grounds for appeal but raising the issues of whether the district court complied with Fed.R.Crim.P. 11 in accepting Warren’s guilty plea and whether it plainly erred in sentencing Warren. Warren was notified of his right to file a pro se supplemental brief but has not done so. We affirm.

“A guilty plea operates as a waiver of important rights, and is valid only if done voluntarily, knowingly, and intelligently, ‘with sufficient awareness of the relevant circumstances and likely consequences.’” Bradshaw v. Stumpf, 545 U.S. 175, 183, 125 S.Ct. 2398, 162 L.Ed.2d 143 (2005) (quoting Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970)). In federal cases, Rule 11 of the Federal Rules of Criminal Procedure “governs the duty of the trial judge before accepting a guilty plea.” Boykin v. Alabama, 395 U.S. 238, 243 n. 5, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). It “require[s] a district court, before accepting a guilty plea, to ‘personally inform the defendant of, and ensure that he understands, the nature of the charges against him and the consequences of his guilty plea.’ ” United States v. Hairston, 522 F.3d 336, 340 (4th Cir.2008) (quoting United States v. Damon, 191 F.3d 561, 564 (4th Cir.1999)).

We “accord deference to the trial court’s decision as to how best to conduct the mandated colloquy.” United States v. DeFusco, 949 F.2d 114, 116 (4th Cir.1991); see also United States v. Wilson, 81 F.3d *160 1300, 1307 (4th Cir.1996) (noting this “Court has repeatedly refused to script the Rule 11 colloquy, relying rather on the experience and wisdom of the district judges below”). A guilty plea may be knowingly and intelligently made based on information received before the plea hearing. See DeFusco, 949 F.2d at 116; see also Bradshaw, 545 U.S. at 183, 125 S.Ct. 2398 (trial court may rely on counsel’s assurance that defendant was properly informed of elements of the crime).

“A federal court of appeals normally will not correct a legal error made in criminal trial court proceedings unless the defendant first brought the error to the trial court’s attention.” Henderson v. United States, — U.S. -, 133 S.Ct. 1121, 1124, 185 L.Ed.2d 85 (2013) (citing United States v. Olano, 507 U.S. 725, 731, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)). Federal Rule of Criminal Procedure 52(b) creates an exception to the normal rule, providing “[a] plain error that affects substantial rights may be considered even though it was not brought to the court’s attention.” Fed. R. Crim.P. 52(b).

Because Warren’s Rule 11 claim is raised for the first time on appeal, we review for plain error. See United States v. Vonn, 535 U.S. 55, 71, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002); United States v. Martinez, 277 F.3d 517, 525 (4th Cir.2002). It is thus Warren’s burden to show (1) error; (2) that was plain; (3) affecting his substantial rights; and (4) that this Court should exercise its discretion to notice the error. See Martinez, 277 F.3d at 529, 532. To show that his substantial rights were affected, he “must show a reasonable probability that, but for the error, he would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004). We have reviewed the record, and we conclude that Warren fails to make this showing.

We review a criminal sentence for reasonableness using an abuse of discretion standard. United States v. McManus, 734 F.3d 315, 317 (4th Cir.2013) (citing Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007)). First, we consider whether the district court committed any significant procedural error, such as improperly calculating the Guidelines range, failing to consider the sentencing factors under 18 U.S.C. § 3553(a) (2012), or failing to adequately explain the sentence. United States v. Allmendinger, 706 F.3d 330, 340 (4th Cir.), cert. denied, - U.S. -, 133 S.Ct. 2747, 186 L.Ed.2d 194 (2013). If the sentence is procedurally reasonable, we then consider its substantive reasonableness, taking into account the totality of the circumstances. Gall, 552 U.S. at 51, 128 S.Ct. 586. We presume that a sentence within or below a properly calculated Guidelines range is substantively reasonable. United States v. Susi, 674 F.3d 278, 289 (4th Cir.2012).

In sentencing, the district court must first correctly calculate the defendant’s sentencing range under the Sentencing Guidelines. Allmendinger, 706 F.3d at 340.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
Brady v. United States
397 U.S. 742 (Supreme Court, 1970)
United States v. Olano
507 U.S. 725 (Supreme Court, 1993)
United States v. Vonn
535 U.S. 55 (Supreme Court, 2002)
United States v. Dominguez Benitez
542 U.S. 74 (Supreme Court, 2004)
Rita v. United States
551 U.S. 338 (Supreme Court, 2007)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Susi
674 F.3d 278 (Fourth Circuit, 2012)
United States v. Marvin J. Damon
191 F.3d 561 (Fourth Circuit, 1999)
United States v. Artez Lamont Johnson
445 F.3d 339 (Fourth Circuit, 2006)
Bradshaw v. Stumpf
545 U.S. 175 (Supreme Court, 2005)
United States v. Christian Allmendinger
706 F.3d 330 (Fourth Circuit, 2013)
Henderson v. United States
133 S. Ct. 1121 (Supreme Court, 2013)
United States v. Hairston
522 F.3d 336 (Fourth Circuit, 2008)
United States v. Carter
564 F.3d 325 (Fourth Circuit, 2009)
United States v. William McManus
734 F.3d 315 (Fourth Circuit, 2013)

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Bluebook (online)
575 F. App'x 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pierre-warren-ca4-2014.