Cleaton v. Department of Justice
839 F.3d 1126
| Fed. Cir. | 2016Background
- Alesteve Cleaton, a Bureau of Prisons correctional officer, was indicted (Dec 2013) in Virginia for possession of marijuana with intent to distribute (felony).
- On March 20, 2014, Cleaton pled no contest pursuant to a plea agreement (transcript/initial plea not in record); on May 6, 2014 the trial court accepted the plea and found him guilty, deferring sentence.
- BOP initiated removal under 5 U.S.C. § 7371(b) in May 2014 and removed Cleaton effective May 31, 2014; Cleaton appealed to the MSPB asserting he was not convicted on May 6.
- After removal, Cleaton entered a revised plea (Nov 20, 2014) adding a misdemeanor and withholding a finding of guilt for two years (probation); the revised plea did not change his earlier no contest plea to the felony.
- The MSPB and the Federal Circuit held Cleaton was "convicted" for purposes of § 7371(b) as of May 6, 2014 because guilt was established by plea and the conviction has not been overturned on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state or federal law defines "conviction" under § 7371(b) | Cleaton: Virginia law controls; his later plea revision meant no conviction | BOP: Federal law governs to ensure uniformity | Federal law governs |
| Whether a plea/no-contest and court acceptance constitute a "conviction" under § 7371(b) | Cleaton: His initial plea did not result in a final conviction for § 7371 purposes | BOP: A plea accepted by a court establishes guilt and thus a conviction for § 7371 | A guilty plea/no-contest accepted by the court constituted a conviction on May 6, 2014 |
| Whether the subsequent revised plea nullified the earlier conviction | Cleaton: The initial plea was withdrawn/revised so he was not convicted on May 6 | BOP: Only an overturned conviction on appeal retroactively affects removal; no motion to withdraw or court setting aside initial plea shown | The revised plea did not nullify the May 6 judgment; conviction stands absent reversal on appeal |
| Whether MSPB erred in sustaining removal under § 7371(b) | Cleaton: Removal improper because no conviction as of May 6 | BOP/MSPB: Removal required upon conviction notice date after court found guilt | MSPB did not err; removal affirmed |
Key Cases Cited
- Dickerson v. New Banner Inst., Inc., 460 U.S. 103 (1983) (federal law governs the meaning of "convicted" for federal statutes; plea can establish conviction)
- Lindahl v. Office of Pers. Mgmt., 470 U.S. 768 (1985) (standard for judicial review of MSPB decisions)
- Canava v. Dep’t of Homeland Sec., 817 F.3d 1348 (Fed. Cir. 2016) (§ 7371 removal is mandatory even if conviction is under appeal)
- Mulder v. McDonald, 805 F.3d 1342 (Fed. Cir. 2015) (a conviction occurs when the accused is found or pleads guilty)
- Logan v. United States, 552 U.S. 23 (2007) (Congress can clarify impacts of state expungement on federal statutes)