United States v. Kevin White
734 F.3d 843
8th Cir.2013Background
- White pleaded guilty to money laundering under 18 U.S.C. § 1956 and conspiracy to distribute drugs under 21 U.S.C. §§ 841(b)(1)(A) and 846; prior felony drug convictions underlie § 851 enhancement.
- Plea agreement included an appeal waiver and eliminated the § 841(b) enhancement.
- District court conducted a detailed plea colloquy to assess knowing and voluntary plea and White’s satisfaction with counsel.
- White advised he needed more time to review the plea; the court prolonged the process, allowed time, and White confirmed understanding and agreement.
- Pre-sentence report factored White’s attempted withdrawal of plea as statements inconsistent with acceptance of responsibility; PSR recommended higher offense level.
- District court sentenced White to 188 months, adopting a total offense level of 34 after considering the plea and PSR findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was knowingly and voluntarily entered | White argues inadequate time and questioning | White contends insufficient time to review plea | No abuse; plea valid |
| Whether counsel had a conflict of interest | Counsel previously represented another involved officer | No active conflict existed | No conflict; no prejudice shown |
| Whether White may withdraw the plea after sentencing due to counsel conflict | Motion to withdraw granted due to conflict | Denial proper | Affirmed denial; no abuse of discretion |
| Whether the ineffective-assistance claim is reviewable on direct appeal | Ineffectiveness argued | Record insufficient; collateral review appropriate | Not addressed on direct appeal; to be raised collateral |
Key Cases Cited
- United States v. Alvarado, 615 F.3d 916 (8th Cir. 2010) (standard for withdrawal of guilty plea before sentencing; abuse of discretion review)
- United States v. Green, 521 F.3d 929 (8th Cir. 2008) (preserves plea validity despite later misgivings about wisdom)
- United States v. Flynn, 87 F.3d 996 (8th Cir. 1996) (no presumption of prejudice from prior counsel conflicts)
- United States v. Swick, 262 F.3d 684 (8th Cir. 2001) (imminent trial stress does not render plea involuntary)
- United States v. Pacheco, 641 F.3d 970 (8th Cir. 2011) (eve-of-trial plea not automatically involuntary)