U.S. v. Webb, 03-6110.

Citation403 F.3d 373
Decision Date06 April 2005
Docket NumberNo. 03-6110.,03-6110.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Bernard Chester WEBB, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

ON BRIEF: Robert D. Little, the Law Office of Robert Little, Maplewood, New Jersey, for Appellant. Charles P. Wisdom, Jr., Assistant United States Attorney, Lexington, Kentucky, for Appellee.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

Defendant-Appellant Bernard Chester Webb ("Webb") appeals his criminal conviction and sentence in district court for possession of a machine gun in violation of 18 U.S.C. § 922(o). Specifically, Webb argues on appeal that: (1) his guilty plea was invalid as a result of the district court's failure to inform him properly of the charge against him during his change-of-plea hearing; (2) the district court erred in imposing a two-level sentence enhancement pursuant to the United States Sentencing Guidelines ("Guidelines"); and (3) the district court's sentencing determination was erroneous in light of the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

For the reasons discussed below, we AFFIRM the district court's judgment.

I. BACKGROUND

On December 16, 2000, Webb was riding in a car which was stopped by Corbin, Kentucky police officers. The car's driver consented to a search of the car. While executing a search of the car, the officers discovered a Sten Model Mk5, nine-millimeter machine gun in Webb's duffel bag. Webb was then charged by information with knowing possession of a machine gun in violation of 18 U.S.C. § 922(o).

Webb entered into a plea agreement with the government under which he agreed to plead guilty to violating 18 U.S.C. § 922(o). In exchange, the government agreed to recommend at sentencing that:

(a) Pursuant to § 2K2.1(a)(3), the base offense level is 22[.] Pursuant to § 2K2.1(b)(3), 3 levels are added in that the offense involved a destructive device. Pursuant to [§] 2K2.1(b)(4), 2 levels are added in that the firearm was stolen.

(b) Pursuant to § 3E1.1(a), decrease the base offense level by 3 levels for the Defendant's acceptance of responsibility.

Joint Appendix ("J.A.") at 18 (Plea Agreement at 2). The defendant explicitly agreed to make the same recommendations at sentencing. J.A. at 18 (Plea Agreement at 2). Additionally, the plea agreement stated that the defendant waived both his right to appeal his conviction and his right to challenge his conviction or his sentence by means of collateral attack.

A change-of-plea hearing was then held in the district court, during which the district judge engaged in a dialogue with Webb aimed at ensuring that Webb was competent to enter a plea. During this exchange, Webb informed the district judge that he had received a copy of the charging information and had discussed the charge against him with his attorney. Webb's defense counsel corroborated Webb's testimony, stating that he and Webb had discussed the charge "at great length" and that the attorney felt that Webb "understands what we're doing." J.A. at 25 (Tr. of Change-of-Plea Hr'g at 5).

The district court then had the prosecutor read aloud portions of the plea agreement to ensure that Webb understood its terms. The government stated that the essential element of the information was that Webb "knowingly possessed a machine gun." J.A. at 31-32 (Tr. of Change-of-Plea Hr'g at 11-12). The government then recited the facts to which Webb stipulated by signing the plea agreement:

On December 16th of 2000, in Whitley County, which is located in the Eastern District of Kentucky, Bernard Chester Webb was a passenger in a vehicle operated by James Gary Thacker. After the vehicle was stopped by an officer of the Corbin Police Department and subsequent to a consent search authorized by Mr. Thacker, the officer located a Citizen Model [MK5 nine-]millimeter machine gun in a duff[el] bag which belonged to Mr. Webb who knew the machine gun was in the duff[el] bag and knowingly possessed the same.

J.A. at 32 (Tr. of Change-of-Plea Hr'g at 12). Finally, the government read the remainder of the plea agreement's terms, including the plea agreement's sentencing recommendations and the rights Webb waived by signing the plea agreement. Webb then acknowledged that the government had accurately summarized the terms of the plea agreement. Later, the court reiterated the facts stipulated by Webb in the plea agreement, and Webb admitted their veracity. Following Webb's admission, the district judge concluded that Webb's guilty plea was knowing and voluntary and accepted Webb's change of plea.

The district court then held Webb's sentencing hearing on August 15, 2003. The defense counsel challenged the government's recommendation that Webb receive a two-level increase for possession of a stolen machine gun pursuant to U.S.S.G. § 2K2.1(b)(4) on the ground that Webb was not aware that the firearm was stolen. The court rejected the defense's challenge, stating that "knowledge is not a requirement for the two-level enhancement" under U.S.S.G. § 2K2.1(b)(4). J.A. at 55 (Tr. of Sentencing Hr'g at 10). The district court then accepted the sentencing recommendations contained in the plea agreement and sentenced Webb to 105 months' imprisonment. Webb then filed this timely appeal.

II. ANALYSIS

On appeal Webb has raised three claims: (1) his guilty plea was invalid as a result of the district court's failure properly to inform him of the charge against him during his change-of-plea hearing; (2) the district court erred in imposing a two-level sentence enhancement pursuant U.S.S.G. § 2K2.1(b)(4); and (3) the district court's sentencing determination was erroneous in light of the Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). None of the errors raised by Webb warrants reversal of the district court's judgment.

A. Guilty Plea

Webb alleges that his guilty plea was not knowing, voluntary, and intelligent because the district court failed to comply adequately with Federal Rule of Criminal Procedure 11. When a defendant fails to object contemporaneously to the district court's alleged failure to comply with the requirements of Rule 11, we review for "plain error." United States v. Vonn, 535 U.S. 55, 59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002). In this case, we conclude that the district court's plea colloquy was not erroneous under Rule 11 and that the district court properly accepted Webb's guilty plea.1

A guilty plea is valid if it is entered knowingly, voluntarily, and intelligently by the defendant. Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970) ("Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences."). Rule 11 is meant to ensure that the district court is satisfied that the defendant's plea is knowing, voluntary, and intelligent. See Vonn, 535 U.S. at 58, 122 S.Ct. 1043. Therefore, Rule 11 requires that a district court verify that the defendant's plea is voluntary and that the defendant understands his or her applicable constitutional rights, the nature of the crime charged, the consequences of the guilty plea, and the factual basis for concluding that the defendant committed the crime charged. United States v. Goldberg, 862 F.2d 101, 106 (6th Cir.1988). "[A] plea does not qualify as intelligent unless a criminal defendant first receives real notice of the true nature of the charge against him." Bousley v. United States, 523 U.S. 614, 618, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998) (internal quotation and citation omitted).

Webb alleges that the district court failed to inform him properly of the elements of the charges against him as required by Rule 11. Rule 11 does require that before a district court accepts a defendant's guilty plea it must ensure that the defendant understands "the nature of each charge to which the defendant is pleading." FED. R. CRIM. P. 11(b)(1)(G). To satisfy this requirement, however, a district court judge "[i]n a simple case" need only read the indictment to the defendant and permit the defendant to ask questions about the charges. United States v. Valdez, 362 F.3d 903, 908 (6th Cir.2004) (internal quotation omitted); see also Bousley, 523 U.S. at 618, 118 S.Ct. 1604 (noting that where a defendant has been provided a copy of the information prior to a change of plea a "presumption that the defendant was informed of the nature of the charge against him" arises). While a more thorough explanation may be necessary if the charges are complex, ultimately all that is required is that "the district court ... be satisfied, after discussion with the defendant in open court, that the defendant understands the elements of the offense." United States v. Syal, 963 F.2d 900, 905 (6th Cir.1992); see also United States v. Edgecomb, 910 F.2d 1309, 1313 (6th Cir.1990) (the elements of a charge need not be explained further by the district court where the charge "is simple enough for a lay person to understand").

We find ample evidence indicating that Webb was sufficiently informed of the charges against him. During the Rule 11 hearing, Webb informed the district court that he had received a copy of the information and had discussed its contents with his attorney. Webb's attorney confirmed that he had discussed the charge "at great length" with Webb and felt that Webb understood the charge. J.A. at 25 (Tr. of Change-of-Plea Hr'g at 5). The district court also had the prosecutor read the charge to Webb. The judge then questioned Webb as to his understanding of the plea agreement (which included the charge) and the factual basis for the charge.

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