Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Albert Larry, Jr.

Case No.: 23-2790

Officials: Kirsch, Jackson-Akiwumi and Pryor, Circuit Judges.

Focus: Sentencing

Albert Larry Jr. appealed his conviction for conspiring to commit sex trafficking by force, fraud, or coercion. His lawyer, citing the appeal as frivolous, sought to withdraw under the precedent of Anders v. California. The court examined the lawyer’s brief, which addressed expected appeal issues, but noted an omission in the Anders analysis that it highlighted for future cases.

Larry was charged under 18 U.S.C. § 1591 for advertising a woman’s sexual services online, taking most of her earnings, physically abusing her, and threatening her family. He entered a plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C), agreeing to plead guilty to conspiracy in exchange for a prison sentence between 144 and 180 months. The district court sentenced him to 160 months and five years of supervised release. Larry waived his right to appeal except for claims of involuntariness or ineffective assistance of counsel.

Counsel considered potential challenges to the validity of Larry’s guilty plea, focusing on Rule 11 compliance. The court emphasized that in Anders briefs, lawyers must consult clients about the risks of withdrawing guilty pleas. Despite this procedural omission, the court found that the district court had substantially complied with Rule 11, and any challenge to the plea’s validity would be frivolous.

The court reviewed the plea transcript and noted that the district court ensured Larry’s understanding of the charges, penalties, and waived rights. Minor errors in the colloquy, such as not warning Larry about perjury prosecution, were deemed harmless. Additionally, the court’s implicit acceptance of the plea agreement during sentencing was not considered plain error.

Lastly, counsel noted that Larry’s appeal waiver precluded any challenge to his sentence. The court affirmed this, stating that the waiver was valid as Larry’s plea was voluntary and knowing. His sentence did not exceed statutory limits, nor did the court rely on impermissible factors. Consequently, the court granted the motion to withdraw and dismissed the appeal.

Dismissed.

Decided 06/25/24

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