United States v. Ward

518 F.3d 75, 2008 U.S. App. LEXIS 4532, 2008 WL 541626
CourtCourt of Appeals for the First Circuit
DecidedFebruary 29, 2008
Docket06-2354
StatusPublished
Cited by18 cases

This text of 518 F.3d 75 (United States v. Ward) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Ward, 518 F.3d 75, 2008 U.S. App. LEXIS 4532, 2008 WL 541626 (1st Cir. 2008).

Opinions

LIPEZ, Circuit Judge.

Focusing on deficiencies in a state court plea colloquy on the issue of voluntariness, Christopher Ward challenges on appeal his sentence of 120 months in prison for several drug-related convictions. Ward argues that his sentence is unreasonable as a matter of law because the district court relied on unconstitutional prior state convictions as the basis for a mandatory sentence enhancement under 21 U.S.C. § 841(b)(1)(A). In assessing this claim, we must consider the decision of the Supreme Court in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), which held that the acceptance of a plea of guilty “must be based on a ‘reliable determination on the voluntariness issue which satisfies the constitutional rights of the defendant.’” Id. at 242 (quoting Jackson v. Denno, 378 U.S. 368, 387, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964)). Boykin also held that “[w]e cannot presume a waiver of these ... important federal rights from a silent record.” Id. at 243.

After considering Boykin and cases decided in its wake, we conclude that the record of the state court proceeding in this case contained sufficient evidence to permit the district court to find that Ward entered his state plea voluntarily, and hence the mandatory sentence enhancement applied.

I.

We recite Ward’s background from the Presentence Report prepared in conjunction with his federal sentencing. The facts are largely undisputed, and we specifically note where Ward contests the statement of facts offered in the report.

Ward was born in 1986 to a mother who had been using cocaine and methadone. Hospital records reveal positive tests for cocaine, barbiturates, and hepatitis B antibodies on his umbilical cord. At eighteen months, Ward was adopted by Mary Little, whom he believes is a relative of his mother. Ward has not remained in contact with his birth mother, and believes that she died in 2003 from complications related to AIDS; in addition, he does not know his father. Raised in the Mason Square area of Springfield, Massachusetts, a low-income neighborhood plagued by violence, drugs, and gangs, Ward was arrested at age sixteen for receiving a stolen motor vehicle, a charge that was subsequently dropped by the authorities.

[77]*77Seeking to improve his life, Ward used a Mend’s address to enroll at a better school, West Springfield High School, and relied on various means of transportation to attend school. His true residency was soon discovered by administrators, and he was forced to leave West Springfield High School prior to completing the eleventh grade. He has since attempted to complete high school, but has ultimately failed to do so. Near his eighteenth birthday, Ward moved out of Mary Little’s home and began to live with friends and acquaintances in the Springfield area. In July 2004, Ward moved in with Emilia Rodriguez, with whom he now shares a two-year-old child.

In May 2003, Ward was arrested by the Springfield Police Department on the drug charges that serve as the basis for the sentence enhancement Ward challenges in this appeal. Specifically, on the basis of separate incidents, Ward was charged with several counts of felony drug possession and distribution, three counts of drug violation near a school zone or park, and one count each of resisting arrest and refusing to identify oneself to the police. In February 2004, Ward and his attorney reached an agreement with the prosecutors to have the school zone drug violations nol prossed in return for Ward’s plea of guilty to the remaining charges. The parties did not agree on any sentence recommendation to be offered to the court. Ward accepted the deal and pleaded guilty to the charges in the Springfield Division of the Massachusetts State District Court.

Prior to accepting Ward’s plea, the court conducted a colloquy to determine whether his plea would be entered knowingly and voluntarily, and if there was a sufficient factual basis for the plea.

Court: Okay Mr. Ward, how old are you sir?
Ward: Seventeen.
Court: How far have you gone in school?
Ward: I’m in the eleventh grade.
Court: Have you had any alcohol or drugs today that would in any way interfere with your ability to understand this matter?
Ward: No.
Court: Do you suffer from any mental illness, disease or defect that would in any way interfere with your ability to understand this matter?
Ward: No.
Court: Do you understand that you’re giving up your right to a trial by a jury?
Ward: Yes.
Court: You’re giving up your right to confront and cross examine the witnesses against you and you’re giving up the right against self-incrimination. Do you understand those rights?
Ward: Yes.
Court: Do you understand that you’re giving them up here today?
Ward: Yes.
Court: Do you understand that if you’re not a citizen of the United States, conviction of this offense may have consequences with regard to deportation, exclusion from admission to the United States or denial of naturalization? Do you understand that sir?
Ward: Yes.
Court: In other words, if you’re not a citizen ... this only applies if you’re not a citizen of the U.S., but it would affect your immigration, naturalization, and deportation status. Have you had enough time to discuss this matter with your attorney?
Ward: Yes.
[78]*78Court: Has he explained to you the elements of the offense the Commonwealth has to prove against you?
Ward: Yes.
Court: Are you satisfied that he’s given you his best professional advice?
Ward: Yes.
Court: There are not agreed recommendations; I’m free to impose whatever penalty I see fit. But if I should exceed the recommendation your attorney makes, this is what they were referring to earlier, I would allow you to withdraw your admission and go to trial in front of another judge or jury. Do you understand that?
Ward: Yes.

Per the court’s request, Assistant District Attorney Leahy then summarized the facts in the police report. Upon completion of the recitation, the Court stated the following:

Court: Mr. Ward, you’re admitting to four counts of distribution of cocaine and one count of distribution of marijuana and one count of resisting arrest. Correct sir?
West (Ward’s attorney): I believe three counts of distribution of cocaine, Judge.
Leahy: One was possession with intention to distribute cocaine.
West: Possession with intent.

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Cite This Page — Counsel Stack

Bluebook (online)
518 F.3d 75, 2008 U.S. App. LEXIS 4532, 2008 WL 541626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ward-ca1-2008.