United States v. Alcala
2012 U.S. App. LEXIS 9017
| 7th Cir. | 2012Background
- Alcala pled guilty to a single count of unlawfully using a communication facility to further a drug trafficking offense; plea agreement included an appellate waiver,” which covered post-conviction challenges including §2255,” with three exceptions (punishment above max, unconstitutional factors, ineffective counsel).
- The district court conducted a plea colloquy focusing on education, competence, and understanding of the plea; Alcala answered questions, with translator provided, and stated eight years of education.
- Alcala filed a letter to withdraw his plea and later a motion with supporting affidavit; the district court denied the motion and sentenced Alcala to time served with supervised release and a small fine.
- Alcala appeals, arguing his waiver was not knowingly and voluntarily given due to his background and the colloquy; the Seventh Circuit dismisses the appeal as within the waiver’s scope.
- The court held that Alcala’s waiver was knowing and voluntary and that the denial of the motion to withdraw his plea falls within the appellate waiver, therefore review is foreclosed.
- The appeal is dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the waiver covers appeal of the denial to withdraw a plea | Alcala argues waiver does not cover this appeal | Waiver covers appeals related to conviction and post-conviction claims | Waiver covers the appeal; dismissal appropriate |
| Whether Alcala knowingly and voluntarily waived his appellate rights | Language, education, and translator did not ensure knowledge of waiver | Colloquy, counsel, and translator show informed waiver | Waiver valid and knowing and voluntary |
| Whether the plea colloquy adequately informed Alcala about implications of the plea | Colloquy failed to state that plea fixed conviction/appeal scope | Colloquy, counsel, and circumstances show understanding and voluntariness | Colloquy adequate; waiver valid regardless of perceived gaps |
Key Cases Cited
- United States v. Shah, 665 F.3d 827 (7th Cir. 2011) (defines enforceability of knowing and voluntary waivers and scope ambiguity)
- United States v. Cole, 569 F.3d 774 (7th Cir. 2009) (appeal waivers generally valid if knowingly and voluntarily made)
- United States v. McGraw, 571 F.3d 624 (7th Cir. 2009) (knowing and voluntary nature of waivers precludes review)
- United States v. Quintero, 618 F.3d 746 (7th Cir. 2010) (enforces waivers and evaluates knowing/voluntary conduct)