United States v. Windsor
1:17-cr-00021
N.D.W. Va.Jun 26, 2017Background
- Defendant Heather Windsor appeared before a Magistrate Judge on June 26, 2017, to enter a guilty plea to Count One (False Statement During Purchase of a Firearm, 18 U.S.C. § 922(a)(6)).
- Windsor executed a written waiver consenting to a Magistrate Judge (rather than an Article III judge) to accept her plea; the waiver was reviewed on the record and found knowing and voluntary.
- The written plea agreement was tendered, summarized on the record, and confirmed by the parties as containing the entire agreement.
- The Government proffered facts: Windsor attempted to purchase a firearm on July 5, 2016, signed ATF paperwork denying illicit drug use, later received the firearm during a controlled delivery, agents observed drug-use indicators, prior admissions of drug use were noted, and testing/possession evidence supported drug use.
- The Magistrate Judge reviewed statutory penalties, collateral consequences (including loss of rights and potential deportation), appellate and collateral-attack waivers, and the advisory nature of the Sentencing Guidelines; Windsor stated she understood and knowingly pled guilty.
- The Magistrate Judge concluded Windsor’s plea was competent, voluntary, and supported by an independent factual basis, and recommended acceptance of the guilty plea to the District Court; instructions for filing objections and cited authorities governing R&R review were provided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency to plead and voluntariness of waiver of Article III judge | Windsor was competent, knowingly waived Article III judge, and voluntarily consented to Magistrate Judge | Waiver and plea were knowing and voluntary (no contrary position asserted) | Court found competency and waiver knowing and voluntary; waiver filed on record |
| Validity and completeness of plea agreement | Plea agreement was the sole agreement, summarized on the record, and contains all promises | Windsor acknowledged agreement contained whole of the deal and no other promises | Court accepted that the written plea agreement was complete and voluntary |
| Factual basis for guilty plea to false statement in firearm purchase | Government proffered evidence (attempted purchase, ATF form false statements, controlled delivery, drug indicators, positive tests, heroin possession) supporting elements | Defendant stated she heard and did not disagree with the proffer and provided a factual basis | Court found an independent factual basis supporting each essential element and that plea was supported beyond a reasonable doubt |
| Awareness of consequences and waivers (appeal/collateral attack) | Court explained penalties, collateral consequences, waivers of appeal and §2255 rights; Windsor acknowledged understanding | Windsor acknowledged understanding and reserved only claims of later-discovered ineffective assistance or prosecutorial misconduct | Court determined Windsor understood consequences, knowingly waived appellate/collateral rights subject to limited reservation |
Key Cases Cited
- United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (procedural rules for objections to magistrate judge recommendations)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (standards for district court review of magistrate recommendations)
- Thomas v. Arn, 474 U.S. 140 (1985) (requirements and effect of filing objections to magistrate judge reports)