[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 25, 2007
No. 06-12205 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-00083-CR-FTM-29-SPC
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH MADDOX,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(May 25, 2007)
Before TJOFLAT, BLACK and HULL, Circuit Judges.
PER CURIAM:
Joseph Maddox appeals his conviction for possession with intent to
distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The
sole issue on appeal is whether the district court erred when it denied Maddox’s
request to enter a conditional plea of guilt.
The district court did not plainly err. See United States v. Quinones, 97 F.3d
473, 475 (11th Cir. 1996) (stating where a defendant fails to object to plea
proceedings, we review the district court’s compliance with Rule 11 for plain error
in order to prevent manifest injustice). With the consent of the court and the
government, a defendant may enter a conditional plea of guilt by reserving in
writing the right to have an appellate court review an adverse determination of a
specified pretrial motion with consent of the court and the government. Fed. R.
Crim. P. 11(a)(2). A defendant must strictly comply with Rule 11’s conditional
plea requirements. See United States v. Pierre, 120 F.3d 1153, 1155-56 (11th Cir.
1997). The record shows that Maddox did not comply with Rule 11's requirements
that a conditional plea be reserved in writing and with the consent of the court and
Government. Additionally, neither this Court nor the Supreme Court have
addressed the discretion of the district court to refuse conditional guilty pleas.
United States v. Lejarde-Rada, 319 F.3d 1288, 1291 (11th Cir. 2003) (holding
where neither precedent nor the explicit language of the rule specifically resolves
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an issue, plain error cannot exist). Therefore, the court’s refusal to accept
Maddox’s conditional plea was not plain error.
AFFIRMED.
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