Pleas & Sentencing – Plea Withdrawal

Listen to this article

Criminal

7^th Circuit Court of Appeals

Officials: BAUER and SYKES, Circuit Judges, and REAGAN, Chief District Court Judge.

Pleas & Sentencing – Plea Withdrawal

No. 14-3427 United States of America v. Adrian Collins

No error found in denying motion to withdraw plea, acceptance of responsibility adjustment withheld due to attempts to withdraw plea.

“Vazquez‐Ortero is the best factual analog to the instant case, but a long line of legal reasoning supports our result. At a plea hearing, it is the district judge who observes a defendant’s appearance, demeanor, and tone of voice. U.S. v. Walker, 447 F.3d 999, 1005 (7th Cir. 2006). Crediting the judge’s impressions over a defendant’s subsequent “bare protestations,” Chavers, 515 F.3d at 725, prevents the entry of a plea from being “some empty ceremony,” a mere “trifle[] that defendants may elect to disregard,” United States v. Stewart, 198 F.3d 984, 987 (7th Cir. 1999). That is why a denial of guilt that contradicts a defendant’s testimony does not establish a fair and just reason to withdraw a plea. Chavers, 515 F.3d at 725 (citing U.S. v. Carroll, 412 F.3d 787, 792 (7th Cir. 2005)). The district court treated Collins’ sworn, freely given statements as conclusive. Accordingly, Collins has “no chance of success on appeal.” Stewart, 198 F.3d at 987. “[T]he game is over.” Id.”

Affirmed.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.