Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 09-4093
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
James C. Fox, Senior
District Judge. (4:07-cr-00057-F-1)
Submitted:
Decided:
July 9, 2010
PER CURIAM:
Henry
Lamont
Reid
pled
guilty
to
conspiracy
to
Shortly
Government.
Reid
further
argued
that
trial
counsel
district
court
appointed
new
counsel,
who
filed
opposed
the
motion,
arguing
that
Reid
failed
a
The
to
After a hearing,
to
withdraw
guilty
plea
for
abuse
of
discretion.
United States v. Battle, 499 F.3d 315, 319 (4th Cir. 2007).
right
to
withdraw
guilty
plea,
even
before
courts
satisfaction
that
fair
and
just
reason
quotation
marks
omitted).
The
most
important
accepted,
and
properly
conducted
Rule
11
proceeding
of
factors
for
consideration
by
the
district
court
in
that the district court did not clearly err when it concluded
that Reid failed to present credible evidence showing that his
plea was not knowing and voluntary.
(clear
error
standard
applies
to
courts
findings).
Indeed, the record before this court reflects that Reids plea
was knowing and voluntary, that he understood the rights he was
giving up by pleading guilty and the sentence he faced, and that
he committed the offenses to which he was pleading guilty.
Reid
to
him
outside
those
made
by
the
Government
in
his
plea
agreement.
As to the second factor, although Reid now claims that
he
is
legally
plea, nothing
claim.
innocent
in
the
of
the
record
charges
before
underlying
this
court
his
guilty
supports
this
undermine
his
guilty
plea
or
undercut
the
district
courts
claimed
that
he
lacked
close
assistance
of
competent
date,
to
counsels
Reid
preparation
concerning
the
for
trial,
and
Governments
counsels
plea
offer.
Reids
motion
before
the
district
court
concerns
testified
that
about
the
although
notice
he
and
5
to
Reid
Reid.
Moreover,
discussed
the
counsel
option
of
and
counsel.
and
concluded
that
Reid
was
assisted
by
competent
sixth
Moore
factors,
prejudice
to
the
Government
and
Thus,
presents
exercise
of
conviction.
nothing
to
discretion.
contradict
the
Accordingly,
On appeal,
district
we
affirm
courts
Reids
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED