Coleman v. United States, Criminal H-18-689
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
| Writing for the Court | SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE |
| Parties | ROBERT COLEMAN, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. |
| Docket Number | Criminal H-18-689,Civil Action H-21-1977 |
| Decision Date | 05 November 2021 |
ROBERT COLEMAN, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.
Criminal No. H-18-689
Civil Action No. H-21-1977
United States District Court, S.D. Texas, Houston Division
November 5, 2021
MEMORANDUM OPINION AND ORDER
SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE
Plaintiff, Robert Coleman (BOP #61382-479) ("Plaintiff"), has filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody ("Plaintiff's § 2255 Motion") (Docket Entry No. 63), asserting that his guilty plea "was entered as a result of ineffective assistance [of counsel] and is therefore neither knowing or voluntary."[1] The Government has filed United States' Motion for Summary Judgment (the "Government's MSJ") (Docket Entry No. 69), arguing that there is no genuine dispute as to any material fact and the Government is entitled to judgment as a matter of law.[2] For reasons explained below, Plaintiff's § 2255 Motion will be denied, and the Government's MSJ will be granted.
I. Factual Background
In May of 2 018 Houston Police Department (``HPD") investigators used a cooperating source to set up a cocaine deal with Plaintiff.[3]Investigators observed the source purchase 28 grams of cocaine from Plaintiff.[4] On August 6, 2018, the Honorable Keith Ellison issued an order authorizing wire and electronic intercepts for a phone used by Plaintiff.[5] Judge Ellison renewed the authorization on September 10, 2018.[6] The interceptions revealed that Plaintiff sold gram quantities of cocaine, crack cocaine, marijuana, and pills to various customers on a regular basis and that Plaintiff was resupplied regularly from several sources.[7] Agents also learned from multiple sources and interceptions that Plaintiff cooked crack cocaine in his residence.[8]
On November 6, 2018, Plaintiff was arrested pursuant to an arrest warrant.[9] After officers knocked and announced, Plaintiff fired a round towards the front door, and the bullet lodged in the door.[10] The gun jammed and was found next to Plaintiff when he was
arrested.[11] Plaintiff stated that he believed someone was breaking into the apartment, and that he did not know that the people he was firing at were law enforcement.[12] Approximately 9.1 grams of crack cocaine and equipment to manufacture crack cocaine were seized from Plaintiff's residence.[13] Plaintiff's girlfriend, who was present at his arrest, told agents that Plaintiff manufactured and sold crack cocaine and that the gun he fired was his.[14]
On April 9, 2019, Plaintiff pleaded guilty to (1) Manufacture/Possession with Intent to Deliver a Controlled Substance in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C), and (2) Discharging a Firearm During and in relation to a Drug Trafficking Crime in violation of 18 U.S.C. § 924(c) (1) (A) (iii) .[15] After Plaintiff swore to tell the truth, the following colloquy took place:
THE COURT: Mr. Coleman, before I can accept your plea, I must ask you a number of questions. It is very important that you listen carefully to all of my questions and that you answer all of my questions truthfully and completely for several reasons
First, since you are now under oath, if you gave an untrue answer to a question, you could be charged with a separate crime of perjury
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: Also, before I can accept your plea, I must make a number of findings. My findings are based on your answers to my questions. In order for my findings to be correct, it is therefore necessary that all of your answers to my questions be truthful and complete.
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: If you do not understand anything that I say this morning, would you agree to stop and ask me to repeat or explain anything that you do not understand?
DEFENDANT: Yes, sir.
THE COURT: Also, you may stop at any time and speak with your lawyer. You do not need anyone's permission to speak with him. Rearraignment Transcript, Docket Entry No. 53, page 3, line 14 through page 4, line 13.
THE COURT: Have you ever been diagnosed or treated for any type of mental problem?
DEFENDANT: No, sir.
THE COURT: Have you ever been diagnosed or treated for addiction to drugs or alcohol?
DEFENDANT: No, sir.
THE COURT: Has anyone ever told you that you should be treated for any type of mental problem, or for any type of addiction?
DEFENDANT: No, sir.
THE COURT: Have you taken any type of drug or medicine within the last 24 hours?
DEFENDANT: Yes, sir. My blood pressure.
THE COURT: Does that medicine prevent you from understanding what's happening?
DEFENDANT: No, sir.
Id. at page 5, line 11 through page 6, line 2.
THE COURT: How many times have you talked with your lawyer about this case?
DEFENDANT: Numerous times.
THE COURT: More than five?
DEFENDANT: About five times.
THE COURT: Has your lawyer talked to you about the charges against you and what the government would have to prove to establish your guilt?
DEFENDANT: Yes, sir.
THE COURT: Has he reviewed with you the evidence that the government has against you?
DEFENDANT: Yes, sir.
THE COURT: Has your lawyer discussed with you how the Federal Advisory Sentencing Guidelines might apply in your case?
DEFENDANT: Yes, sir.
THE COURT: Has your lawyer answered all of your questions?
DEFENDANT: Yes, sir.
THE COURT: Has he done everything that you have asked him to do?
DEFENDANT: Yes, sir.
THE COURT: Are you fully satisfied with the advice and counsel that your lawyer has provided to you?
DEFENDANT: Yes, sir.
THE COURT: You do not have to plead guilty. You have a right to go to trial. If you went to trial, you would have the right to the assistance of a lawyer at all stages of the trial. If you could not afford a lawyer, the Court could appoint a lawyer for you. You would have the right to see and hear the government's witnesses at trial and have your lawyer question them. You would have the right to compel other people to come into court and provide evidence for you. You would not be required to testify at a trial, and you could not be convicted at a trial unless the jury unanimously found beyond a reasonable doubt that you were guilty.
If you plead guilty today, however, there will not be a trial, and you will give up the right to a trial and all the protections that are associated with a trial.
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: The maximum sentence that you face as to Count 1 is 20 years in prison, and a fine of $1 million, and 3 years of supervised release, and a one-hundred dollar special assessment.
As to Count 2, you face the sentence of at least ten years in prison, and a maximum sentence of life in prison, and a fine of $250, 000, and up to five years of supervised release and a one-hundred dollar special assessment.
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: There's no parole in federal court. That means you'll actually have to serve your sentence in prison.
In addition, because you're pleading guilty to a felony, you'll give up the right to vote, hold public office, serve on a jury, and possess a firearm.
Any term of supervised release will be subject to a number of conditions which will be monitored by a
probation officer. If I find that you violated those conditions, I could revoke your supervised release and send you back to prison without any credit for the time you had already served on supervised release.
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: The Court has not made any decision about what
[your] sentence will be. If I accept your guilty plea, a probation officer will interview you, investigate the facts of the case, and prepare a presentence investigation report. You will have an opportunity to read the report and to discuss the report with your lawyer before your sentencing.
You or the government may file objections to the presentence report. At the time of your sentencing, I will rule on any objections, and I will then determine your advisory guideline range and your sentence.
What you need to understand today is that this process of determining your sentence has not yet begun. That means no one knows what advisory guideline range the probation officer will recommend, or what advisory guideline range the Court will find applicable, or what sentence I will impose.
Do you understand?
DEFENDANT: Yes, sir.
THE COURT: If the sentence that I impose is greater than the sentence that you now expect, or greater than the sentence that your lawyer or anyone else may have predicted, you will be bound by your guilty plea today, regardless of your sentence. You will not be allowed to change your mind and withdraw your guilty plea because you are not satisfied with your sentence.
Do you understand that?
DEFENDANT: Yes, sir.
THE COURT: The government has provided the Court with a copy of the plea agreement. Have you read the agreement?
DEFENDANT: Yes, sir.
THE COURT: When did you read it?
DEFENDANT: Last -- this weekend.
THE COURT: Pardon me?
DEFENDANT: This weekend.
THE COURT: Have you talked to your lawyer about it?
DEFENDANT: Yes, sir.
THE COURT: How much time did you spend talking to your lawyer about the agreement?
DEFENDANT: Almost an hour.
THE COURT: Did he answer any questions you had about it?
DEFENDANT: Yes, sir.
THE COURT: All right. I want to go over the essential parts of it again just to be sure you understand them. Do you have a copy of the agreement in front of you?
MR. WILLIAMS: We do, Your Honor.
THE COURT: All right. If you'll please look at [the]...
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