United States v. Willie Fleming
675 F. App'x 311
| 4th Cir. | 2017Background
- Defendant Willie Hernandez Fleming pled guilty, per a written plea agreement, to conspiracy to commit Hobbs Act robbery (18 U.S.C. § 1951).
- Fleming was sentenced within the advisory Sentencing Guidelines range to 137 months’ imprisonment.
- Defense counsel filed an Anders brief asserting no meritorious issues but questioning Rule 11 compliance for the plea and the reasonableness of the sentence; counsel also questioned the appeal waiver.
- Fleming did not move to withdraw his plea or preserve Rule 11 objections in the district court, so the Fourth Circuit reviewed any Rule 11 error for plain error.
- The Government did not seek to enforce the appeal waiver; the court proceeded to review the record under Anders and Fleming’s pro se supplemental briefs.
- The Fourth Circuit concluded the plea colloquy was proper, Fleming’s plea was knowing and voluntary with an adequate factual basis, and the sentence was procedurally and substantively reasonable; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea under Fed. R. Crim. P. 11 | Fleming contended the Rule 11 colloquy may have been deficient | Government argued the plea colloquy complied with Rule 11 and plea was voluntary and factually supported | No plain error; plea was knowing, voluntary, and supported by an independent factual basis |
| Procedural and substantive reasonableness of sentence | Fleming argued his 137-month sentence may be unreasonable | Government supported within-Guidelines sentence and consideration of § 3553(a) factors | Sentence is procedurally and substantively reasonable and affirmed |
| Enforceability of appeal waiver | Fleming’s counsel questioned waiver validity | Government chose not to enforce waiver | Court did not enforce waiver sua sponte; reviewed case under Anders and affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to seek withdrawal when no nonfrivolous appeal exists)
- Gall v. United States, 552 U.S. 38 (2007) (standard for appellate review of sentence reasonableness)
- DeFusco v. United States, 949 F.2d 114 (4th Cir. 1991) (Rule 11 requirements for plea colloquy)
- United States v. Sanya, 774 F.3d 812 (4th Cir. 2014) (plain-error standard for unpreserved Rule 11 challenges)
- United States v. Poindexter, 492 F.3d 263 (4th Cir. 2007) (limits on enforcing appeal waivers and Anders review)
- United States v. Jones, 667 F.3d 477 (4th Cir. 2012) (procedures regarding appeal waivers and appellate review)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption of reasonableness for within-Guidelines sentences)