Beruflich Dokumente
Kultur Dokumente
No. 13-4878
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
District Judge. (4:11-cr-00087-FL-1)
Argued:
THACKER,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Torrick
agreement,
Johntrelle
to
several
Rodgers
counts
pled
guilty,
involving
the
without
plea
distribution
and
Rodgers appeals,
contending that his plea was not knowing and voluntary, and that
the district court erred in denying his motion to suppress. 1
For
I.
On December 3, 2010, the Government sought and was granted
a search warrant for Rodgers home in Farmville, North Carolina.
The
application
surveillance,
pulls
was
and
conducted
based
included
at
on
two
years
evidence
Rodgers
home
on
of
investigation
obtained
from
November
24,
two
and
trash
2010
and
December 3, 2010.
While executing the warrant on the evening of December 3,
law enforcement officers seized from the home cocaine, cocaine
On August
of
cocaine
841(a)(1);
and
one
base,
count
in
of
violation
possession
of
21
with
U.S.C.
intent
to
moved
to
suppress
evidence
obtained
during
the
considered
constituted
an
in
determining
unlawful
probable
intrusion
into
cause
the
because
curtilage
they
of
the
home.
A federal magistrate judge held a hearing on the motion.
At that hearing, the Government conceded that evidence from the
November 24 trash pull should be excluded from consideration.
But the Government contended that the December 3 trash pull had
been
from
established
The
the
probable
magistrate
motion.
curb,
judge
and
cause
that
the
without
agreed
and
warrant
the
so
application
November
recommended
24
still
evidence.
denying
the
been
from
the
curb,
and
held
that,
even
excluding
evidence
warrant
magistrate
application.
judges
The
findings
and
district
court
adopted
recommendation,
and
the
denied
April
agreement,
18,
to
all
2012,
Rodgers
four
counts
pled
in
guilty,
the
without
indictment.
plea
After
that the Guidelines range was 262 to 327 months on counts one
and four, and that counts two and three carried a statutory
maximum
months
of
in
counseling.
240
months.
prison,
and
The
five
court
years
sentenced
supervision
Rodgers
and
to
211
addiction
II.
Rodgers asserts that his unconditional guilty plea was not
knowing
and
voluntary
because
he
entered
his
plea
under
the
of
counsel
mistaken assumption.
or
Government
promises
caused
his
United States
Accordingly,
plain; (3) that affected his substantial rights; and (4) that
affected
the
fairness,
judicial proceedings.
(1993).
integrity,
or
public
reputation
of
States
v.
Ruiz,
536
U.S.
5
622,
628
(2002)
(citation
omitted).
Thus,
Federal
Rules
of
Criminal
Procedure.
United
States
v.
Bundy, 392 F.3d 641, 645 (4th Cir. 2004) (quotation and citation
omitted).
A
valid
conditional
plea
under
Rule
11(a)(2)
must
be
approval[]
parties
plea.
are
agree
mandatory
that
and
Rodgers
did
cannot
not
be
enter
avoided.
a
Id.
conditional
and
neither
the
Government
nor
the
district
court
minimum
requirement
that
[the]
plea
be
the
voluntary
Brady v. United
F.3d
at
649
(citation
omitted).
In
Bundy,
evaluating
the
of
defendants
the
circumstances
solemn
truthfulness.
surrounding
declaration
of
[it],
guilt
granting
the
presumption
of
principal
assertion
is
that
his
plea
was
not
led
him
to
believe
that
he
had
retained
right
to
In so
[T]here being no
statement:
pled guilty.
relating
to
jurisdictional
or
sentencing
issues
by
pleading
Rule
11
does
not
require
district
court
to
to
appeal
violations.
any
antecedent
rulings
or
constitutional
plea
does
not
require
complete
A knowing and
knowledge
of
the
with
its
accompanying
waiver
of
various
constitutional
To the extent
appellate
review
of
his
suppression
motion,
the
district
--
they
did
not
give
rise
to
Rodgers
misconceptions. 3
C.
Finally, Rodgers contends that, under Bundy, a court will
not
treat
defendant
an
unconditional
mistakenly
enters
guilty
it
plea
as
believing
voluntary
he
has
if
preserved
we
held
that
only
case-dispositive
issues
could
be
We
concluded
that
the
non-case-dispositive
issue
could
be
separated
from
the
two
ones,
and
case-dispositive
not
that
the
held
that
although
Bundys
conditional
plea
Thus, we
was
not
we
reasoned
that
since
the
district
court
accepted
not
treat
unconditional plea.
this
plea
as
knowing
and
voluntary
Bundy
was
not
conditional:
It
did
not
comport
with
the
IV.
For the foregoing reasons, the judgment of the district
court is
AFFIRMED.
11