U.S. v. Gray, 97-3588

• Decision Date: 11 August 1998
• Docket Number: No. 97-3588,97-3588
• Citation: 152 F.3d 816
• Parties: UNITED STATES of America, Appellee, v. Robert Dale GRAY, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 816

152 F.3d 816

UNITED STATES of America, Appellee, v. Robert Dale GRAY, Appellant.

No. 97-3588.

United States Court of Appeals,

Eighth Circuit.

Submitted April 14, 1998.

Decided Aug. 11, 1998.

Rehearing Denied; Motion to Stay Mandate Denied Sept. 14, 1998.

David R. Mercer, Springfield, MO, argued, for Appellant.

Richard E. Monroe, Asst. U.S. Atty., Springfield, Mo, argued, for Appellee.

Before FAGG and HANSEN, Circuit Judges, and STROM ¹, District Judge.

HANSEN, Circuit Judge.

Robert Dale Gray appeals his conviction and sentence for conspiring to distribute a controlled substance in violation of 21 U.S.C. § 846 (1994). Gray argues that the district court ² erred in denying his requests to withdraw his guilty plea and in imposing a life sentence pursuant to 21 U.S.C. § 841(b)(1)(A). We affirm.

I. Background

In the summer of 1995, federal agents began investigating a large methamphetamine manufacturing and distribution scheme operated by Randy Schultz. Investigators learned that Gray was one of this scheme's main distributors. Gray's paramour, Patricia Bristol, was also a major methamphetamine distributor in the scheme. After Schultz was arrested in March 1996, Gray and Bristol began to manufacture the methamphetamine themselves. Gray and Bristol also continued to distribute the drugs.

On November 1, 1996, a grand jury returned a three count indictment against Gray. Count I alleged that Gray had conspired to distribute a controlled substance from January 1995 through July 11, 1996, in violation of 21 U.S.C. § 846. Count II alleged that Gray had possessed a firearm as an armed career criminal in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Count III alleged that Gray had tampered with a federal witness in violation of 18 U.S.C. § 1512(b). A second indictment was returned on December 18, 1996, alleging that Gray had threatened to murder a federal agent in violation of 18 U.S.C. §§ 115 and 1114. The government filed an information alleging that Gray had at least two prior felony drug convictions and that he would therefore be subject to a mandatory life sentence pursuant to 21 U.S.C. § 841(b)(1)(A), if he was convicted of the conspiracy count.

The two indictments were consolidated for a jury trial which commenced on April 28, 1997. On the afternoon of the first day of trial, Bristol, the government's initial witness, began to explain Gray's role in the conspiracy to distribute methamphetamine. In the middle of Bristol's testimony, Gray announced his intention to plead guilty to count I of the indictment. Specifically, Gray said, "Your Honor, I'm guilty of possession and distribution. I'm not guilty from [sic] the other three charges. And that girl should be cut loose." (Trial Tr. at 13.) Gray also commented, apparently to the prosecutor, that "I tried to make a deal with you people and you wouldn't make a deal with me." (Id.) The district court immediately called a recess. The parties then agreed to an informal, unwritten plea bargain in which Gray would plead guilty to count I, conspiracy to distribute a controlled substance, and the government would dismiss the remaining counts. Following the recess, the district court held a hearing outside the presence of the jury and formally accepted Gray's guilty plea to the conspiracy count. The government then dismissed the remaining counts.

On May 5, 1997, one week after his guilty plea, Gray moved to withdraw his plea, claiming that the conditions of his confinement immediately prior to his trial and the stress of watching his paramour being "forced" to testify prevented his guilty plea from being knowing, voluntary, and intelligent. The district court denied the motion in a written order filed on May 19, 1997. At his sentencing hearing on September 19, 1997, Gray renewed his request that the court allow him to withdraw his guilty plea. The court again denied the request. The court sentenced Gray to life imprisonment pursuant to 21 U.S.C. § 841(b)(1)(A), because the conspiracy involved more than one kilogram of a methamphetamine mixture and Gray had at least two prior felony drug convictions. Gray appeals, claiming he should be allowed to withdraw his guilty plea and that the district court erred in sentencing him to a term of life imprisonment.

II. Analysis

A. Guilty Plea

Gray first argues that the district court abused its discretion in denying his requests to withdraw his guilty plea. Gray also argues that he did not knowingly and voluntarily plead guilty, rendering his plea unconstitutional. We review the district court's denial of Gray's motions to withdraw his guilty plea for an abuse of discretion. United States v. Prior, 107 F.3d 654, 657 (8th Cir.), cert. denied, --- U.S. ----, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997). Whether Gray's plea was knowing and voluntary is a mixed question of fact and law that we review de novo. Easter v. Norris, 100 F.3d 523, 525 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1322, 137 L.Ed.2d 484 (1997). In reviewing Gray's claims, we are cognizant that "[a] guilty plea is a solemn act not to be set aside lightly." Prior, 107 F.3d at 657.

Rule 32(e) of the Federal Rules of Criminal Procedure provides that if a defendant moves to withdraw a guilty plea "before sentence is imposed, the court may permit the plea to be withdrawn if the defendant shows any fair and just reason." The defendant bears the burden of establishing the fair and just reason for withdrawal. Prior, 107 F.3d at 657. Although "a defendant seeking to withdraw a plea before sentencing is given a more liberal consideration than someone seeking to withdraw a plea after sentencing, 'a defendant has no absolute right to withdraw a guilty plea before sentencing,' and the decision to allow or deny the motion remains within the sound discretion of the trial court." Id. (quoting United States v. Boone, 869 F.2d 1089, 1091 (8th Cir.), cert. denied, 493 U.S. 822, 110 S.Ct. 81, 107 L.Ed.2d 47 (1989)). Several factors may be considered in determining whether a court should allow a defendant to withdraw a guilty plea prior to sentencing. These include whether the defendant has established a fair and just reason to withdraw his plea, whether the defendant asserts his legal innocence of the charge, the length of time between the plea and the motion to withdraw, and whether the government will be prejudiced by the withdrawal. Id.; Boone, 869 F.2d at 1091-92. However, if a defendant does not present a fair and just reason for withdrawal of a guilty plea no need exists to examine the other factors. United States v. Abdullah, 947 F.2d 306, 311 (8th Cir.1991), cert. denied, 504 U.S. 921, 112 S.Ct. 1969, 118 L.Ed.2d 569 (1992).

It is well-established that "a guilty plea must be both knowing and voluntary" to be constitutionally valid. Parke v. Raley, 506 U.S. 20, 28, 113 S.Ct. 517, 121 L.Ed.2d 391 (1992). The plea must be "a voluntary and intelligent choice among the alternative courses of action open to the defendant." Id. at 29, 113 S.Ct. 517. This is because "a guilty plea constitutes a waiver of three constitutional rights: the right to a jury trial, the right to confront one's accusers, and the privilege against self-incrimination." Id.

Gray argues that the compulsive and emotional manner in which he admitted his guilt during the first day of trial does not indicate a genuine desire to plead guilty. Instead, Gray claims that he proclaimed his guilt in a gallant effort to end the suffering of his paramour while she was being "forced" to testify against him. Gray also contends that the emotional and mental trauma he suffered while incarcerated prior to trial also contributed to his inability to freely decide whether to plead guilty as he observed Bristol testify.

Although it is unusual for a criminal defendant to confess his guilt in open court while a witness is testifying, Gray has failed to show that his decision to formally enter a plea of guilty following a court ordered recess in which he conferred with counsel was anything but a voluntary choice he knowingly made after adequate opportunity for reflection and thought. He has also failed to show any fair and just reason to withdraw his plea. Gray's self-serving, post-plea claims that he was emotionally distraught and unable to voluntarily choose to plead guilty fly directly in the face of his own plea hearing testimony before the district court. Following a recess in which the parties entered into an informal plea bargain, the district court held a plea colloquy in accordance with Rule 11 of the Federal Rules of Criminal Procedure. Gray stated to the court that his guilty plea was "of my own free will," and that he understood the range of punishment he faced, including the possibility of a mandatory life sentence. (Trial Tr. at 19-23.) Although he admitted that his adrenaline was flowing, Gray said it did not affect his judgment. Gray stated that he was satisfied with his counsel and that he had not been threatened or coerced into pleading guilty. He further told the court that he was not under the influence of any substance. Gray admitted that he was a member of the conspiracy to possess and distribute methamphetamine from 1995 through early 1996 and that the amount of drugs involved during this period was approximately 54 ounces.

The district court, which had observed Gray's behavior during the trial and could evaluate his demeanor at the plea hearing, found Gray's post-plea claims to be "inherently unreliable in light of his plea hearing testimony." (Appellee's Adden. at 5.) This credibility determination is clearly supported by the record, and we will not disturb it on appeal. See Blackledge v. Allison, 431 U.S. 63, 74, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977) ("Solemn declarations in open court carry a strong presumption of verity."). We hold that Gray knowingly and voluntarily chose to plead guilty and that the district court did not abuse its discretion in denying Gray's presentence motions...