U.S. v. Brehm
| Decision Date | 17 March 2006 |
| Docket Number | No. 05-13426 Non-Argument Calendar.,05-13426 Non-Argument Calendar. |
| Citation | 442 F.3d 1291 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Robert BREHM, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Harriett R. Galvin, Anne R. Schultz, Asst. U.S. Atty., Stephen Schlessinger, Miami, FL, for U.S.
Appeal from the United States District Court for the Southern District of Florida.
Before BIRCH, MARCUS and WILSON, Circuit Judges.
Robert Lyman Brehm appeals his 120-month sentence for importing and possessing heroin with intent to distribute. The appeal requires us to consider whether the district court abused its discretion in determining that Brehm failed to provide a fair and just reason for withdrawing his plea. It also presents an issue of first impression as to whether the Supreme Court's decision in United States v. Booker1 rendered the eligibility requirements for safety-valve relief under 18 U.S.C. 3553(f), U.S.S.G §§ 5C1.2 & 4A1.1, advisory or otherwise permitted courts discretion as to the imposition of mandatory minimum sentences. We find no error in the district court's determination and hold that Booker did not grant such discretion. Accordingly, we AFFIRM.
Brehm was indicted on two counts: (1) importation of heroin, in violation of 21 U.S.C. § 952(a) and (2) possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1). During pretrial discovery, Brehm submitted notice that he intended to introduce expert evidence relating to a mental disease or defect or other mental condition bearing on the issue of his guilt. The government requested that Brehm submit to a psychiatric examination and the court so ordered. The 12 April 2004 report on the examination stated that Brehm "clearly [met] the diagnostic criteria for Schizophrenia." R1-25 Attachment at 8. It clarified, however, that (1) Brehm's alcohol, marijuana and heroin use exacerbated his mental illness by causing significant paranoia (2) that during the examination, Brehm functioned adequately despite receiving no treatment for his psychotic illness; and (3) if Brehm routinely received anti-psychotic medication, he would likely realize a significant decrease in psychotic symptoms, including decreased auditory hallucinations and improved attention and concentration; but that (4) successful treatment of Brehm's psychotic illness required complete abstinence from illegal drugs and alcohol. Id. at 9-10.
Brehm's competence to stand trial was also assessed by way of an interview designed to evaluate an individual's ability to articulate understanding of the nature and consequences of criminal charges and court proceedings, as well as the ability to assist counsel in a defense. In the course of this examination, Brehm stated that he understood his current criminal charges and correctly identified them as felonies. Id. at 10. He also understood the meaning of probation and, with regard to guilty pleas:
Mr. Brehm knew and understood the pleas of "guilty," "not guilty," and "not guilty by reason of insanity." He indicated [he] was not sure how he planned to plead in relation to the current case and that he was going to talk with his attorney about this issue. He indicated he "might" plead not guilty by reason of insanity if advised to do so by his attorney, though he would have to think about it. Although Mr. Brehm was not entirely sure what a plea bargain was, this issue was discussed with him and he was able to describe it as "pleading guilty in exchange for lesser charges" when asked about it during a second interview occurring one week later. The defendant continued to have some difficulty recalling what rights were given up when accepting a plea bargain, though he understood this issue when it was explained to him. Mr. Brehm indicated he would consider accepting a plea bargain if one were offered to him in the current case.
Id. at 11. Brehm was found to understand the roles of the prosecuting attorney, the defense attorney, and the judge and was able to articulate an understanding of appropriate courtroom behavior and to discuss courtroom procedure. Id. Even though Brehm had trouble in several areas during the initial competency interview, including describing the role of witnesses, whether or not he was required to testify in his own case, what to do if he disagreed with his attorney, the definition of a plea bargain, and what to do if witnesses lied about him, these issues were discussed and he found to have retained the information gained from the discussions several days later. Id. at 11-12.
Because Brehm continued to experience difficulty with certain areas, however, such as the rights relinquished when accepting a plea bargain, he later underwent another competency examination designed to assess a defendant's capacity to understand and reason legal issues through questions about the prosecution of a hypothetical defendant. His competency to stand trial fell within the "Minimal/No impairment range." Id. at 12. The examiner concluded that 2 Id. The report also cautioned that Brehm's mental status would be subject to deterioration due to "stress or other precipitating factors, especially in light of the fact he is not taking antipsychotic medications," and that such deterioration would "likely directly impact his competence to stand trial." Id. at 12-13.
The report from a 30 June 2004 psychological examination ordered by Brehm's court appointed counsel concluded that Brehm was experiencing a severe mental disorder, with symptoms of a generalized anxiety disorder, drug dependence, and a schizoid personality disorder. R1-35 Attachment at 8. His scores from this examination indicated that he would "require prison-provided mental health services when incarcerated." R1-35 at 7. Nevertheless, this examiner found Brehm to have a "factual and rational understanding of the legal process and [to be able to] relate to and assist in his defense." Id. at 8.
The plea hearing took place one month after this last exam, on 26 July 2004. At the hearing, the court instructed Brehm:
[I]f you do not understand a question, please do not answer it. Ask your attorney or ask me to explain it and we will do our very best to explain it to you, and we'll try. Between the two of us I am sure we'll be able to explain any question to your satisfaction so that you understand it.
If you answer a question, I'm going to assume that you understood it and if somebody is reading the record that we are making of this now and they hear you answering a question I would expect that they would be within their rights to assume that you understood it.
You understand what I just said?
R5 at 3-4. Brehm responded, "Yes." Id. at 4. When asked if he was presently under the influence of any drug or narcotic or alcohol, Brehm responded, "No," and that he had not had any since he had been arrested in October 2003. Id. at 5. Then the following exchange occurred:
[District Court]: Have you ever been treated for any mental illness?
[Brehm]: Yes.
[District Court]: And what is that?
[Brehm]: They diagnosed me with schizo effective disorder.
[District Court]: When was that?
[Brehm]: I think it could have been as early as 2000. But it couldn't have been later than 2001.
[District Court]: I did order an evaluation of you. I don't remember exactly why but I did order an evaluation. In December 2003 you went to the Federal Correctional Institution in Waseca, Minnesota; is that correct?
[Brehm]: Yes.
[District Court]: And they evaluated you and they came to the conclusion that although you did have a mental disease or defect, which is probably what you said it was; I'm not positive, the symptoms are not currently such as to substantially impair your ability to understand the nature and consequences of the court proceedings against you. So they determined you are able to assist your attorney and to knowingly enter a plea of not guilty in this case. Do you agree with them that you can enter a plea?
[Brehm]: I have some trouble but I understand.
[District Court]: Counsel you've reviewed the report, have you not?
[Brehm's Counsel]: Yes, I have, your Honor.
[District Court]: Are you satisfied that your client meets the standard of understanding for this hearing?
[Brehm's Counsel]: Yes, your Honor. For the record, I had Mr. Brehm independently evaluated for competence before we came here because of the amount of time that elapsed when he came back from Minnesota. I was afraid he might have lapsed back.
[District Court]: When did that happen?
[Brehm's Counsel]: That happened a couple of weeks.
[District Court]: They also concurred he was of sound mind to assist you in these proceedings?
[Brehm's Counsel]: Yes, your honor.
Id. at 5-7. When asked whether he was satisfied that Brehm understood the proceedings, Brehm's counsel responded, "I am." Id. at 7. When the court asked Brehm if he was fully satisfied with the representation and advice of his counsel, he responded, "Yes." Id. The following exchange then occurred regarding Blakely v. Washington:3
[District Court]: Have you and your attorney discussed the recent Supreme Court case of Blakely v. Washington at all?
[Brehm]: No.
[District Court]: Let me just ask you this. Do we have any issue as to any aggravating factors, [Government]?
[Government]: I don't believe we do, your Honor. The indictment charges the defendant with importation and possession with intent to distribute one kilogram or more of heroin. The total weight of heroin was 2.96 kilograms.
[District Court]: And there is no issue as to the amount?
[Government]: No issue as to the amount. The sentencing range...
To continue reading
Request your trial
-
United States v. Schenk
...without regard to any statutory minimum, with respect to certain offenses, when specific requirements are met." United States v. Brehm, 442 F.3d 1291, 1299 (11th Cir. 2006) (citing 18 U.S.C. § 3553(f)). The safety valve provision is activated when the court finds at sentencing that defendan......
-
In re BFW Liquidation, LLC
...that parties did not submit in district court when doing so is in the interests of justice and judicial economy); United States v. Brehm, 442 F.3d 1291, 1298 (11th Cir.2006) (in determining whether the defendant has met his burden to show a fair and just reason for withdrawing guilty plea, ......
-
U.S. v. Branch, 06-5393.
...from the statute.... Effectively excising one of the remaining subsections would be inconsistent with Booker."); United States v. Brehm, 442 F.3d 1291, 1300 (11th Cir. 2006) (holding that "Booker did not render the calculation of eligibility requirements for safety-valve relief advisory"); ......
-
Caceres v. United States
...sentences instead of imposing mandatory minimum sentences. Title 18 U.S.C. §3553(f); U.S.S.G. §5C1.2. See also United States v. Brehm, 442 F.3d 1291, 1299 (11th Cir.), cert. den'd, 549 U.S. 985 (2006); United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir. 2000). 5. The Eleventh Circuit ......