United States v. Wyatt

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40791 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANN WYATT,

Defendant-Appellant.

______________________________________________

Appeal from the United States District Court for the Eastern District of Texas (1:94-CR-12-4) ______________________________________________

May 14, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals her guilty-plea conviction for conspiracy to

distribute and possess with intent to distribute five or more

kilograms of cocaine. She contends that her guilty plea was not

knowingly and voluntarily entered. We affirm the judgment of the

district court.

The record indicates that the district court fully advised

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. appellant of the nature of the conspiracy charge and the

consequences of pleading guilty to the offense. Fed. R. Crim. P.

11(c); see United States v. Johnson, 1 F.3d 296, 299-302 (5th Cir.

1993). Although Wyatt initially appeared confused concerning her

involvement in the offense, she subsequently admitted that the

facts presented by the Government were true, that she intentionally

participated in the conspiracy offense, and that she was pleading

guilty because she actually was guilty of the conspiracy offense.

The district court carefully questioned Wyatt concerning her

involvement in the offense, and Wyatt admitted she intentionally

participated in the conspiracy. A defendant's solemn declarations

in open court carry a strong presumption of truth. See Blackledge

v. Allison, 431 U.S. 63, 74, 97 S. Ct. 1621, 1629, 52 L. Ed.2d 136

(1977). Because the record indicates that Wyatt's guilty plea was

knowingly and voluntarily entered, Wyatt's conviction is AFFIRMED.