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In re Sealed Case

Defendant's own use of word "conspired" during plea colloquy demonstrated necessary understanding of conspiracy charge prior to sentencing.

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Argued December 7, 2001

This consolidated appeal arises from two criminal proceedings involving the appellant. In Cr. No. 96-106-01, the appellant was convicted by a jury of possessing with intent to distribute cocaine base; in Cr. No. 97-93-01, he pleaded guilty to a drug conspiracy charge pursuant to a plea agreement. The two cases were consolidated for sentencing and appeal (Nos. 00-3123 and 00-3124). On appeal, the appellant seeks to vacate his guilty plea in Cr. No. 97-93-01, claiming that the district court did not comply with Rule 11(c)(1) of the Federal Rules of Criminal Procedure. In particular, he contends that the district court failed to ensure that he understood the elements of the conspiracy charge to which he was pleading guilty. If the Rule 11 plea colloquy is deficient, the appellant further contends, the waiver provision of the plea agreement–which would otherwise bar his appeal of the jury trial conviction in Cr. No. 96-106-01–is ineffective. His conviction after trial should be reversed, he asserts, because (1) the district court gave a constitutionally deficient reasonable doubt instruction to the jury and (2) the prosecutor made several errors which cumulatively constitute “plain error.”

We conclude that the district court accepted the appellant’s guilty plea in compliance with Rule 11 and, accordingly, affirm the appellant’s convictions in both cases.

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