United States v. Rogelio Torres

504 F. App'x 810
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 3, 2013
Docket11-14199
StatusUnpublished
Cited by1 cases

This text of 504 F. App'x 810 (United States v. Rogelio Torres) 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. Rogelio Torres, 504 F. App'x 810 (11th Cir. 2013).

Opinion

PER CURIAM:

Rogelio Torres appeals his convictions for conspiring to interfere with commerce through violence, in violation of 18 U.S.C. § 1951(a) (Count 1), aiding and abetting the interference with commerce through violence, in violation of 18 U.S.C. §§ 1951(a) and 2 (Count 2), and aiding and abetting the brandishing of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 924(c)(l)(A)(ii) and 2 (Count 3). On appeal, Torres argues that his guilty pleas were not knowing and voluntary because (1) he was never specifically informed that an essential element of Count 1 was that his conduct affect “interstate” commerce, (2) the indictment failed to provide sufficient specificity in alleging the robbery offense in Count 2, and (3) the indictment charged in Count 3 that Count 2 was the predicate offense while his plea agreement “effectively amended this charge” by identifying both Counts 1 and 2 as predicate offenses. Torres also argues that the district court lacked jurisdiction over Counts 2 and 3 because the indictment, which did not allege interference with “interstate” commerce, failed to charge a federal offense, a jurisdictional defect not waived by his guilty plea.

I.

We review for plain error constitutional objections not raised before the district court. United States v. Moriarty, 429 F.3d 1012, 1018 (11th Cir.2005). When a defendant fails to object to a Federal Rule *812 of Criminal Procedure Rule 11 violation, we also review for plain error. Id. at 1019. To establish plain error, a defendant must show (1) an error, (2) that is plain, and (8) that affects substantial rights. Id. If all three conditions are met, we may recognize an error only if the error “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” Id. (citation omitted). In the context of a Rule 11 error, prejudice to the defendant means a reasonable probability that, but for the error, the defendant would not have entered the guilty plea. Id. at 1020.

A guilty plea pursuant to Rule 11(a)(1) is the waiver of a number of a defendant’s constitutional rights and an admission of the elements of the formal criminal charge and must therefore be made knowingly and voluntarily to satisfy the requirements of the Due Process Clause. McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418 (1969). A guilty plea cannot be truly voluntary unless the defendant possesses an understanding of the law in relation to the facts, and, to this end, the court must inquire into the defendant’s understanding of the nature of the charge and the consequences of his plea, and satisfy itself that there is a factual basis for the plea. Id. at 466-67, 89 S.Ct. at 1171.

In order to comply with Rule 11, a court accepting a guilty plea must “specifically address three ‘core principles,’ ensuring that a defendant (1) enters his guilty plea free from coercion, (2) understands the nature of the charges, and (8) understands the consequences of his plea.” Moriarty, 429 F.3d at 1019 (citation omitted). We review whether the district court adequately ensured that the defendant understood the nature of the charge on a case-by-case basis. United States v. James, 210 F.3d 1342, 1344 (11th Cir.2000). We have held that

[f|or simple charges ... a reading of the indictment, followed by an opportunity given the defendant to ask questions about it, will usually suffice. Charges of a more complex nature, incorporating esoteric terms or concepts unfamiliar to the lay mind, may require more explication. In the cases of extreme complexity, an explanation of the elements of the offense like that given the jury in its instructions may be required.

Id. at 1345 (citation omitted). In James, we held that the second core concern was not satisfied where, even though the defendant indicated that he understood the nature of the offense, neither the district court nor the written plea agreement specified the elements of a complex charge arising under the Travel Act. Id. at 1345-46.

Section 1951 of Title 18 of the U.S.Code, known as the Hobbs Act, defines the offense of interference with commerce by threats or violence as

Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.

18 U.S.C. § 1951(a). We have held that “[t]wo elements are essential for a Hobbs Act prosecution: robbery and an effect on commerce.” United States v. Rodriguez, 218 F.3d 1243, 1244 (11th Cir.2000). The Hobbs Act defines commerce as

commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia *813 and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

18 U.S.C. § 1951(b)(3). “The government needs only to establish a minimal effect on interstate commerce to support a violation of the Hobbs Act.” Rodriguez, 218 F.3d at 1244.

Finally, “[a]n amendment to an indictment occurs “when the essential elements of the offense contained in the indictment are altered to broaden the possible bases for conviction beyond what is contained in the indictment.’ ” United States v. Dennis, 287 F.3d 1295, 1299 (11th Cir.2001) (citation omitted).

There was no error, plain or otherwise, in the district court’s acceptance of Torres’s guilty pleas because the record shows that he understood the nature of each of the charges against him and that his guilty pleas were fully informed and knowing and voluntary.

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Related

Torres v. United States
134 S. Ct. 238 (Supreme Court, 2013)

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Bluebook (online)
504 F. App'x 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rogelio-torres-ca11-2013.