United States v. Williams

959 F. Supp. 1495, 1997 U.S. Dist. LEXIS 3360, 1997 WL 128595
CourtDistrict Court, M.D. Florida
DecidedMarch 17, 1997
DocketNo. 96-78-CR-T-17B
StatusPublished

This text of 959 F. Supp. 1495 (United States v. Williams) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Williams, 959 F. Supp. 1495, 1997 U.S. Dist. LEXIS 3360, 1997 WL 128595 (M.D. Fla. 1997).

Opinion

ORDER DENYING MOTION TO WITHDRAW GUILTY PLEAS

KOVACHEVICH, Chief Judge.

This cause comes before the Court on Defendant DARRYL KEITH WILLIAMS’ motion to withdraw guilty pleas (Docket No. 42), unsworn affidavit of the defendant in support (Docket No. 44), memorandum of law in support (Docket No. 43), and the Government’s response (Docket No. 46).1 The Court has also reviewed the record in its entirety, as contained within the file.

FACTS

On March 28, 1996, a federal grand jury returned an indictment, charging the defendant WILLIAMS with three (3) counts of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) (Counts 1, 3, & 4), and one (1) count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count 2).2 Counts One (1), Three (3), and Four (4) — involving cocaine base — each carry a minimum mandatory prison sentence of ten (10) years and a potential for life, a fine of $4,000,000.00, a term of supervised release of five (5) years, and a special assessment of $50.00 payable on the date of sentencing. Count Two (2) — involving cocaine — carries a maximum prison sentence of twenty (20) years with no minimum mandatory, a fine of $1,000,000.00, a term of supervised release of three (3) years, and a special assessment of $50.00 payable on the date of sentencing. (Notice of Essential Elements and Penalty, Docket No. 21). The indictment also contains a forfeiture provision with regard to the defendant’s real property located in Hillsbor-ough County, Florida, known as “Del Rio Estates.” (Docket No. 17).

[1497]*1497At an arraignment hearing before the Honorable Thomas G. Wilson, United States Magistrate Judge, the defendant — represented by Norman Cannella, Esq. — waived a reading of the indictment and entered not guilty pleas as to all counts of the indictment. (April 19, 1996; Docket No. 13). Over a month later, on June 24, 1996, the defendant appeared before Magistrate Wilson in order to withdraw his not guilty pleas and tender guilty pleas as to all counts. The hearing lasted from approximately 10:04 a.m. until 10:15 a.m., and 10:25 a.m. until 10:48 a.m, with a recess sandwiched between these times. (Docket No. 20).

The transcript of the change of plea I rearraignment hearing is thirty-two (32) pages long. (Docket No. 41). The defendant was under oath at all relevant times. In the first portion of the hearing (from 10:04 a.m. until 10:15 a.m.), Magistrate Judge Wilson advised the defendant of his right to plead before a district judge, but the defendant responded “yes” when questioned if he wished to proceed before the magistrate judge, (pp. 2-3). Magistrate Judge Wilson asked the defendant how he plead to each count, and the defendant said “guilty.” (pp 4-5). The defendant responded “yes” when asked if he had graduated from high school and could read, write, and speak the English language, (p.6). The defendant said “yes” when asked whether he understood that he could simply change his mind at any point during the proceeding and re-enter not guilty pleas, (p.7). The magistrate judge explained the defendant’s right to a jury trial, to cross-examine Government witnesses, to advance defense witnesses, and to testify on his own behalf without being compelled to do so by the Government, (pp. 8-9). The following colloquy then took place:

[THE COURT]: Do you understand you would have these rights and others if this ease went to trial?
THE DEFENDANT: Yes.
THE COURT: Do you understand that by pleading guilty, you give up all of these rights and that there will be no trial in this case? Do you understand that?
THE DEFENDANT: (Inaudible).
(Pause.)
MR. CANNELLA: So the record is clear, Judge____ With regard to the conversation I had with him, in generalities, he’s concerned that the guilty plea could affect the forfeiture claim for the real property.
I have explained to him that — he previously indicated to me that he was not intending to contest the forfeiture. I suggested to him that the colloquy that you were having with him now, in my opinion, would not directly affect the forfeiture claim____
THE COURT: Are we talking about the Del Rio ... Estates property?
* * * * * *
[Assistant United States Attorney] MR. LAWSON: Yes. That’s correct.
MR. CANNELLA: Yes. That’s correct. He told me today for the first time that his wife has an interest in that property, and I explained to him that any effect that might come about as a result of any guilty plea would affect his interests and his interests only in the property.
Now, I assume that he’s — that he is willing to continue with the plea of guilty.
Is that correct?
THE COURT: Well, Mr. Williams, let me raise this: Is this some issue that’s just come up today in your mind that’s just been raised?
THE DEFENDANT: Well, hearing him say that, yes.
THE COURT: Do you wish more time to think about it? In other words, do you wish to continue this proceeding until some later time in the week or some other time?
Is this case set for trial?
MR. LAWSON: No, sir.
THE COURT: This is a critical stage of this case. As I’ve just said, after today, you can’t withdraw your plea of guilty. The only thing that remains to be done is for the Court to impose sentence upon you, and so under those circumstances, I’m prepared to give the Defendant the time he or she needs ... to think about things----
MR. CANNELLA: ... [I]f you would allow me perhaps ten minutes or so,... I think I can clear this matter up.
* * * * * #
[1498]*1498THE COURT: Well, I’ll give you whatever time you need.
MR. CANNELLA: Thank you.
THE COURT: Court will be in recess.

(pp. 9-11) (as altered by ellipses, brackets, and asterisks).

After the recess, defense counsel stated that he and his client would proceed. The magistrate judge asked the defendant if he understood that “by pleading guilty, I’ve just — I’ve gone over a whole lot of rights that you would have if this case went to trial. You lose all of those rights — do you understand that? — and that there will be no trial in this ease?” (pp. 12). Although the defendant’s response to that question was inaudible to the court reporter, he did answered “yes” to the magistrate judge’s questions of whether he understood that, by pleading guilty, he would lose any defenses to the charges and rights to file motion(s) to suppress. (p.12).

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Cite This Page — Counsel Stack

Bluebook (online)
959 F. Supp. 1495, 1997 U.S. Dist. LEXIS 3360, 1997 WL 128595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-flmd-1997.