United States v. Lashawn Quinn
669 F. App'x 768
5th Cir.2016Background
- Defendant Lashawn Quinn pleaded guilty to one count of conspiracy to distribute ≥1 kg of heroin.
- After the district court accepted his plea, Quinn moved to withdraw the guilty plea five months later.
- The district court denied the motion; Quinn appealed the denial.
- The Fifth Circuit reviews denial of a motion to withdraw a plea for abuse of discretion.
- The governing standard is Federal Rule of Criminal Procedure 11(d)(2)(B) and the seven Carr factors (considered under the totality of the circumstances).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Quinn can withdraw his guilty plea | Government argues district court properly denied withdrawal under Carr factors | Quinn contends he is innocent, lacked close assistance of counsel, and his plea was not knowing/voluntary | Denial affirmed — Quinn failed to show a fair and just reason to withdraw |
| Whether Quinn asserted credible innocence | Government points to record admissions and lack of supporting evidence | Quinn asserts innocence but record does not support it | Assertion of innocence unsupported; weighs against withdrawal |
| Whether Quinn received close assistance of counsel | Government notes no record evidence of deficient assistance during plea | Quinn claims he lacked close assistance throughout plea process | No indication of inadequate assistance; factor disfavors withdrawal |
| Whether plea was knowing and voluntary | Government relies on plea colloquy and Quinn’s sworn statements | Quinn argues plea was not knowing/voluntary | Plea was knowing and voluntary per record; factor disfavors withdrawal |
Key Cases Cited
- United States v. Badger, 925 F.2d 101 (5th Cir. 1991) (standard of review for plea-withdrawal motions)
- United States v. Carr, 740 F.2d 339 (5th Cir. 1984) (articulating seven-factor test for plea withdrawal)
- United States v. Grant, 117 F.3d 788 (5th Cir. 1997) (application of Carr factors under totality of circumstances)
- United States v. Washington, 480 F.3d 309 (5th Cir. 2007) (district court’s discretion and not required to make findings on each Carr factor)
- United States v. Clark, 931 F.2d 292 (5th Cir. 1991) (insistence that assertions of innocence be supported by record)
- United States v. McKnight, 570 F.3d 641 (5th Cir. 2009) (standards for close assistance of counsel in plea context)
- United States v. Herrod, [citation="595 F. App'x 402"] (5th Cir. 2015) (affirming evaluation of counsel assistance during plea)
- United States v. Hernandez, 234 F.3d 252 (5th Cir. 2000) (knowing and voluntary plea requirements)