Federal Circuits, 4th Cir. (January 15, 1997)
Docket number: 95-5792
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U.S. Court of Appeals for the 4th Cir. - United States of America, Plaintiff-Appellee, v. James Cedric Hayden, A/K/a Reginald James Wilder, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tomel K. Lucas, A/K/a Angelo Berlin, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Reginald Eugene Hayden, A/K/a Bubba, Defendant-Appellant., 85 F.3d 153 (4th Cir. 1996) Plaintiff-Appellee, v. James Cedric Hayden, A/K/a Reginald James Wilder, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tomel K. Lucas, A/K/a Angelo Berlin, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Reginald Eugene Hayden, A/K/a Bubba, Defendant-Appellant.
U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 924 - Sec. 924. Penalties
U.S. Supreme Court - Smith v. United States, 508 U.S. 223 (1993)
U.S. Supreme Court - North Carolina v. Alford, 400 U.S. 25 (1970)
U.S. Court of Appeals for the 1st Cir. - United States of America, Appellee, v. Michael Mcfadden, A/K/a Michael Hughes, Defendant, Appellant. United States of America, Appellant, v. Michael Mcfadden, A/K/a Michael Hughes, Defendant, Appellee., 13 F.3d 463 (1st Cir. 1994) Appellee, v. Michael Mcfadden, A/K/a Michael Hughes, Defendant, Appellant. United States of America, Appellant, v. Michael Mcfadden, A/K/a Michael Hughes, Defendant, Appellee.
U.S. Court of Appeals for the 4th Cir. - US v. Booker (4th Cir. 1998)
U.S. Court of Appeals for the 4th Cir. - US v. Johnson (4th Cir. 1998)
U.S. Court of Appeals for the 4th Cir. - US v. Beckett (4th Cir. 1998)
U.S. Court of Appeals for the 4th Cir. - US v. Willis (4th Cir. 1997)
U.S. Court of Appeals for the 4th Cir. - US v. Wampler (4th Cir. 1998)
U.S. Court of Appeals for the 4th Cir. - US v. Cook (4th Cir. 1998)
U.S. Court of Appeals for the 4th Cir. - US v. Anderson (4th Cir. 2002)
U.S. Court of Appeals for the 4th Cir. - US v. Stone (4th Cir. 2002)
U.S. Court of Appeals for the 4th Cir. - US v. Williams (4th Cir. 1997)
U.S. Court of Appeals for the 4th Cir. - US v. Grillo (4th Cir. 1998)
ARGUED: Theophilus O. Stokes, III, Greensboro, NC, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Greensboro, NC, for Appellee. ON BRIEF: Thomas N. Cochran, Federal Public Defender's Office, Greensboro, NC, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, NC, for Appellee.
Before WILKINS and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Senior Judge PHILLIPS joined.OPINIONWILKINS, Circuit Judge:Wayne Morris Mitchell appeals his conviction for using or carrying a firearm during and in relation to a drug trafficking offense pursuant to 18 U.S.C.A. § 924(c)(1) (West Supp.1996), arguing that in light of the decision of the Supreme Court in Bailey v. United States, --- U.S. ----, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the district court failed to develop an adequate factual record to support his plea of guilty entered pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). See Fed.R.Crim.P. 11(f). We affirm.I.Mitchell was arrested while assisting in the sale of a kilogram of cocaine to an undercover operative in Mitchell's automobile, which he had driven to the parking lot of a restaurant where the exchange was to occur. At the time of the arrest, law enforcement officers discovered a loaded firearm located between the front bucket seats of the vehicle. The cocaine was discovered "[o]n the hump of the floorboard." J.A. 15.Mitchell subsequently pled guilty to possession with the intent to distribute cocaine, see 21 U.S.C.A. § 841(a)(1) (West 1981), and using or carrying a firearm during and in relation to a drug trafficking offense, see 18 U.S.C.A. § 924(c)(1). With respect to the latter charge, Mitchell maintained that he had placed the firearm in the vehicle long before the contemplated drug transaction in order to protect his son; thus, Mitchell claimed that he did not use or carry the firearm "during and in relation to" the drug trafficking crime. Despite his protestations of innocence of the firearm offense, Mitchell entered an Alford plea of guilty to the § 924(c)(1) charge in the hope of obtaining more favorable sentencing treatment.During the sentencing hearing,1 an agent of the Bureau of Alcohol, Tobacco and Firearms testified to the facts set forth above concerning the location of the firearm and details of the drug transaction to provide the factual support for the plea. The district court thereafter ruled that this evidence provided an adequate factual basis for the plea. See Fed.R.Crim.P. 11(f). The court sentenced Mitchell to 46 months imprisonment for the drug conviction, followed by a consecutive 60-month sentence for the § 924(c)(1) conviction. Mitchell now appeals, challenging the sufficiency of the evidence to support his § 924(c)(1) conviction.II.Before a court may enter judgment on a plea of guilty, it must find a sufficient factual basis to support the plea. See Fed.R.Crim.P. 11(f); United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990). Federal Rule of Criminal Procedure 11(f) provides:Notwithstanding the acceptance of a plea of guilty, the court should not enter a judgment upon such plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.In order to comply with Rule 11(f), a district court need not replicate the trial that the parties sought to avoid. Morrow, 914 F.2d at 611. Rather, it need only be subjectively satisfied that there is a sufficient factual basis for a conclusion that the defendant committed all of the elements of the offense. See id. The district court possesses wide discretion in determining whether a sufficient factual basis exists, and its acceptance of a guilty plea will be reversed only for an abuse of that discretion. Id. at 611, 613. And, if the evidence presented is sufficient to demonstrate that the defendant committed the elements of the charged offense, acceptance of the plea clearly does not constitute an abuse of discretion. See id. at 613; United States v. Riascos-Suarez, 73 F.3d 616, 624 (6th Cir.), cert. denied, --- U.S. ----, 117 S.Ct. 136, 136 L.Ed.2d 84 (1996).2Section 924(c)(1) mandates the imposition of criminal penalties if a defendant "during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm." 18 U.S.C.A. § 924(c)(1). In order to prove a violation of § 924(c)(1), the Government must show two elements: (1) the defendant used or carried a firearm, and (2) the defendant did so during and in relation to a drug trafficking offense or crime of violence. Smith v. United States, 508 U.S. 223, 227-28, 113 S.Ct. 2050, 2053-54, 124 L.Ed.2d 138 (1993); United States v. Sloley, 19 F.3d 149, 152 (4th Cir.), cert. denied,Try vLex for FREE for 3 days
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