United States v. Collins
2015 U.S. App. LEXIS 14049
7th Cir.2015Background
- In 2009 Collins (on federal supervised release) attempted to buy cocaine and marijuana from an undercover officer; he later admitted a history of wholesale and retail drug trafficking. He was indicted in 2013 and pled guilty in 2014 to cocaine possession with intent to deliver pursuant to a plea agreement.
- At the 2014 change-of-plea hearing Collins swore he understood the proceedings, was not impaired by drugs or medication, had adequate time with counsel, and admitted the factual basis for the plea; the district court accepted the plea as knowing and voluntary.
- Probation recommended against an acceptance-of-responsibility reduction because drugs were found at Collins’ residence while he was on bond; Collins subsequently sought to withdraw his plea.
- Collins filed two motions to withdraw: the first (by affidavit) claimed he was under the influence during the plea and lacked time to consult counsel; the second (unsworn) blamed his first attorney’s failures. The district court denied both motions without an evidentiary hearing, finding the new allegations contradicted Collins’ sworn plea statements and demonstrating lack of credibility.
- At sentencing the court refused an acceptance-of-responsibility adjustment based partly on Collins’ attempts to withdraw his plea, calculated a Guidelines range of 77–96 months (applying a drugs-minus-two adjustment), and imposed a 96-month within-Guidelines sentence.
Issues
| Issue | Collins' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Collins could withdraw his guilty plea pre-sentencing | Collins said plea was involuntary because he was under the influence and lacked time with counsel | Plea colloquy statements were sworn and dispositive; later allegations contradicted those statements and lacked credibility | Denial affirmed — no fair and just reason to withdraw the plea; no clear error |
| Whether district court erred by denying an evidentiary hearing on plea withdrawal | Collins sought a continuance to develop his withdrawal claims | Court may summarily deny where allegations contradict plea hearing and are not credible | Denial of hearing and continuance affirmed |
| Whether Collins was entitled to an acceptance-of-responsibility reduction under U.S.S.G. § 3E1.1 | Collins relied on his guilty plea and generalized assertions of remorse | Court relied on Collins’ belated attempts to withdraw plea and credibility findings to deny the adjustment | Denial affirmed — withdrawal attempts justified withholding the reduction |
| Whether the 96-month sentence was unreasonable | Collins broadly asked whether sentencing near top of Guidelines was error (undeveloped) | Government treated as waived due to perfunctory argument | Issue waived for lack of developed argument; sentence affirmed |
Key Cases Cited
- Fard v. United States, 775 F.3d 939 (7th Cir. 2015) (abuse-of-discretion standard for plea-withdrawal denials)
- Chavers v. United States, 515 F.3d 722 (7th Cir. 2008) (presumption of verity for plea-hearing statements)
- Price v. United States, 988 F.2d 712 (7th Cir. 1993) (belated plea-withdrawal attempts justify denial of acceptance reduction)
- Fuller v. United States, 15 F.3d 646 (7th Cir. 1994) (attempt to withdraw plea can independently support denial of acceptance credit)
- Dachman v. United States, 743 F.3d 254 (7th Cir. 2014) (sentencing court’s broad deference in assessing acceptance of responsibility)
- Mayberry v. United States, 272 F.3d 945 (7th Cir. 2001) (clear-error standard for review of sentencing findings)