United States v. Smith, Cr. No. 84-229.

• Court: United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
• Writing for the Court: McDONALD
• Citation: 648 F. Supp. 495
• Parties: UNITED STATES of America, Plaintiff, v. Tyrone Robert SMITH and Willie M. Thomas, Defendants.
• Decision Date: 31 March 1986
• Docket Number: Cr. No. 84-229.

648 F. Supp. 495

UNITED STATES of America, Plaintiff,
v.
Tyrone Robert SMITH and Willie M. Thomas, Defendants.

Cr. No. 84-229.

United States District Court, S.D. Texas, Houston Division.

March 31, 1986.

648 F. Supp. 496

Wayne Campbell, Asst. U.S. Atty., Houston, Tex., for plaintiff.

Shirley G. Steele, Houston, Tex., for defendant Tyrone Robert Smith.

A. Charles Gaston, Houston, Tex., for defendant Willie M. Thomas.

ORDER

McDONALD, District Judge.

I. Introduction

The Court is called upon to determine whether the Defendants and the United States negotiated a valid Plea Bargain Agreement that is presently in effect and if so, whether the Court should compel the United States to adhere to that agreement. Counsel for Defendants Smith & Thomas assert that each has a valid Plea Bargain Agreement with the United States and asks this Court to specifically enforce that agreement. The Government¹ contends that the Court should not enforce the Plea Bargain Agreement because counsel for the Defendants failed to act upon the agreement within a reasonable period of time. As to Defendant Thomas, Assistant United States Attorney (A.U.S.A.) Campbell contends that there was no meeting of the minds with respect to the terms of the offer. This matter surfaced during the pretrial conference the day before the scheduled commencement of the trial. The Court would have hoped that the attorneys would have been able to amicably resolve their differences, however, since they remain inextricably at odds, the Court reluctantly enters this foray. Having considered the arguments of counsel, the Court finds that each Defendant negotiated a valid Plea Bargain Agreement with the Office of the United States Attorney which is enforceable and presently in effect.

Tyrone Robert Smith and Willie E. Thomas are named as Defendants in a four count indictment rendered on October 26, 1984. A third Defendant, Barbara Davis, appeared before the Court in March of 1985 and entered a plea of guilty pursuant to a Plea Bargain Agreement.

The Government takes the uncontroverted position that it made the same offer to each of the three Defendants in the winter of 1984. Counsel for Defendant Thomas

648 F. Supp. 497

appeared in Court in December of 1984 for a rearraignment and was presented a written plea agreement which provided for the entry of a plea of guilty to count two and dismissal of the remaining counts. A rearraignment was scheduled in December of 1984 for the purpose of receiving a plea of guilty and hearing the Plea Bargain Agreement from Defendant Thomas. Counsel for that Defendant and the Assistant United States Attorney Campbell appeared and the A.U.S.A. advised the court that the wrong Defendant had been directed to appear; it was his position then that the agreement had been negotiated with Defendant Smith and not Defendant Thomas whose counsel appeared at that setting. From that date until in or about June or July, 1985, counsel for the Defendants advised the Court that they attempted on several occasions to contact Mr. Campbell by telephone regarding the Plea Bargain Agreement. Finally, in June or July, 1985, counsel for Defendant Thomas was able to schedule a meeting with Mr. Campbell regarding the plea bargain agreement. Assistant United States Attorney Campbell failed to appear at that scheduled meeting. Counsel for Defendant Thomas, upon exiting the building, encountered A.U.S.A. Campbell and began further negotiations regarding the plea agreement

The Court has not been presented with a fully executed plea of guilty incorporating the terms of the Plea Bargain Agreement. That is not unusual, for typically the attorneys and the Defendant execute that document at the time of rearraignment. With respect to Defendant Smith, what has been brought to the attention of the Court is a written but unexecuted Plea Bargain Agreement which the Government intended to offer to Defendant Smith but erroneously listed Defendant Thomas in the caption. This is the agreement that was presented to counsel for Defendant Thomas in December of 1984. At the pre-trial conference, counsel for Defendant Smith reaffirmed her acceptance of this offer.

Although no written Plea Bargain Agreement with Defendant Thomas has surfaced, except for what now appears to be the erroneously typed caption on the plea agreement presented to counsel for Defendant Thomas in December of 1984, this Defendant's counsel advised the Court at the pre-trial conference of his acceptance of the same offer presented to each of the other Defendants. Indeed, as early as June or July, 1985, when the Court's courtroom deputy called counsel for Defendant Thomas in an attempt to set the case for a trial, the Court was advised that a plea agreement had been reached.

Both Defendants want to stand by the agreement which they contend has been reached with...