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    United States v. Collins, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding defendant Michael Collins' appeal of the district court's denial of his motion to withdraw his guilty plea. The court affirmed the district court's ruling, finding that Collins' dissatisfaction with the length of his sentence was not sufficient grounds to withdraw the plea. The court also determined that Collins received competent legal counsel and entered his plea knowingly and voluntarily.

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    United States v. Collins, 10th Cir. (1998)

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    32 views4 pages
    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding defendant Michael Collins' appeal of the district court's denial of his motion to withdraw his guilty plea. The court affirmed the district court's ruling, finding that Collins' dissatisfaction with the length of his sentence was not sufficient grounds to withdraw the plea. The court also determined that Collins received competent legal counsel and entered his plea knowingly and voluntarily.

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    Filed: 1998-03-30 Precedential Status: Non-Precedential Docket: 97-1322

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    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding defendant Michael Collins' appeal of the district court's denial of his motion to withdraw his guilty plea. The court affirmed the district court's ruling, finding that Collins' dissatisfaction with the length of his sentence was not sufficient grounds to withdraw the plea. The court also determined that Collins received competent legal counsel and entered his plea knowingly and voluntarily.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    32 views4 pages

    United States v. Collins, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit regarding defendant Michael Collins' appeal of the district court's denial of his motion to withdraw his guilty plea. The court affirmed the district court's ruling, finding that Collins' dissatisfaction with the length of his sentence was not sufficient grounds to withdraw the plea. The court also determined that Collins received competent legal counsel and entered his plea knowingly and voluntarily.

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    of 4

    F I L E D

    UNITED STATES COURT OF APPEALS


    TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    MAR 30 1998

    PATRICK FISHER
    Clerk

    UNITED STATES OF AMERICA,


    Plaintiff-Appellee,
    v.
    MICHAEL RAFAEL COLLINS,

    No. 97-1322
    (D.C. No. 97-CR-50-Z)
    (D. Colo.)

    Defendant-Appellant.
    ORDER AND JUDGMENT*
    Before SEYMOUR, Chief Judge, BRORBY, and BRISCOE, Circuit Judges.
    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of this
    appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. Therefore, the case is ordered
    submitted without oral argument.
    Defendant Michael Collins appeals the district courts denial of his motion to
    withdraw his guilty plea. We affirm.
    Collins and his codefendant Earl Wilder were charged on February 11, 1997, with
    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. The court generally disfavors the
    citation of orders and judgments; nevertheless, an order and judgment may be cited under
    the terms and conditions of 10th Cir. R. 36.3.
    *

    one count of possession of cocaine and two counts of distribution of crack cocaine, in
    violation of 21 U.S.C. 812, 841.1 Wilder pleaded guilty and Collins entered into an
    agreement whereby he would plead guilty to two counts of interstate travel in aid of
    racketeering, in violation of 18 U.S.C. 1952, and one count of use of a communication
    facility in furtherance of distribution of cocaine base, in violation of 21 U.S.C. 843(b),
    in exchange for dismissal of the original indictment. Collins signed the agreement on
    June 20, 1997, but on August 28, 1997, defense counsel moved to withdraw from
    representing Collins and filed a motion indicating Collins wanted to withdraw his plea.
    The district court denied the motion to withdraw his plea on August 29, 1997. Collins
    renewed his motion at the sentencing hearing on September 2, 1997, and the court again
    denied the motion. Collins was sentenced to 108 months (nine years) imprisonment.
    Although a defendants motion to withdraw a plea before sentencing should be
    freely allowed and treated with liberality, the district courts decision to deny the
    motion is discretionary. United States v. Graves, 106 F.3d 342, 343 (10th Cir. 1997)
    (quoting Barker v. United States, 579 F.2d 1219, 1223 (10th Cir. 1978)). We review the
    district courts denial of a motion to withdraw a guilty plea for abuse of discretion. Id.
    The facts are not particularly relevant to disposition of the appeal. The first
    count charged Collins with distribution of cocaine and was filed after it was discovered
    he transported $12,000 in drug sale proceeds from California to Colorado. The second
    count was filed after a confidential informant purchased cocaine from one of Collins
    associates. Finally, Collins was charged with possession of cocaine after a search of his
    home disclosed powder and crack cocaine, firearms, and a substantial sum of cash.
    Collins has never asserted he is factually innocent of committing any of the offenses.
    1

    -2-

    There is no absolute right to withdraw a guilty plea. Instead, a district court can
    allow a defendant to withdraw a guilty plea [i]f a motion to withdraw a plea of guilty or
    nolo contendere is made before sentence is imposed . . . [and] the defendant shows any
    fair and just reason. Fed. R. Crim. P. 32(e). The defendant has the burden of
    establishing there is a fair and just reason for allowing withdrawal of his guilty plea.
    United States v. Gordon, 4 F.3d 1567, 1572 (10th Cir. 1993). In evaluating whether it
    would be fair and just to allow withdrawal of a guilty plea, we consider (1) whether
    defendant has asserted his innocence; (2) whether the government will be prejudiced if
    the motion is granted; (3) whether defendant has delayed filing his motion; (4) whether
    the court will be inconvenienced if the motion is granted; (5) the quality of defendants
    assistance of counsel during plea proceedings; (6) whether the plea was knowing and
    voluntary; and (7) whether allowing withdrawal would be a waste of judicial resources.
    United States v. Hickok, 907 F.2d 983, 985 n.2 (10th Cir. 1990).
    Essentially, Collins moved to withdraw his plea because he was dissatisfied with
    the length of his sentence. He asserts he would have received a lesser sentence or would
    have been found innocent if he had proceeded to trial. [D]issatisfaction with the length
    of a sentence is an insufficient reason to withdraw a plea. Gordon, 4 F.3d at 1573; see
    also United States v. Elias, 937 F.2d 1514, 1520-21 (10th Cir. 1991). As the district court
    noted, there is no indication the plea agreement wherein the government agreed to
    recommend imprisonment for nine years was anything but extremely advantageous for
    -3-

    Collins, who faced a sentence of thirty years to life imprisonment if he was tried and
    found guilty.
    The district court carefully considered the seven factors set forth in Hickok before
    denying Collins second motion to withdraw his plea. The court found Collins had never
    asserted he was innocent of the charges which were the subject of the plea. With regard
    to counsels abilities, the court referred to Collins counsel as an exceptionally
    competent and skilled trial attorney. Record V at 13. The court also discussed at length
    the extreme prejudice Collins would suffer by going to trial. Under these
    circumstances, the court did not abuse its discretion by denying Collins motion to
    withdraw his guilty plea.
    Collins also argues he received ineffective assistance of counsel during plea
    negotiations and that he was coerced into entering an involuntary guilty plea, but asks this
    court to defer ruling on the issues. He states he is preserving the issues for proper
    presentation in a 28 U.S.C. 2255 proceeding. As a general rule, we do not review
    claims of ineffective assistance of counsel on direct appeal. See United States v.
    Galloway, 56 F.3d 1239, 1240 (10th Cir. 1995) (en banc).
    AFFIRMED.
    Entered for the Court
    Mary Beck Briscoe
    Circuit Judge

    -4-

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