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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-14515
Non-Argument Calendar
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D.C. Docket No. 1:08-cr-0032-RWS-GGB-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIUS HARRISON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(January 30, 2013)
Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
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On October 5, 2006, a man wearing a white surgical-type mask, a black
jumpsuit, and a baseball cap entered a branch of the Washington Mutual Bank
located in Henry County, Georgia. He threatened the tellers with a black semi-
automatic pistol and what appeared to be a bomb 1 and demanded money. After
obtaining $1,000, he fled the scene in a white and royal blue Ford F-150 pickup
truck. After the robbery, a mask and a hat were found lying outside an automobile
shop approximately one block from the bank. The police determined that the
robber was appellant Julius Leroy Harrison, obtained a search warrant for his
residence, and found evidence linking him to the robbery; it included white masks
and a baseball cap similar to those worn by the robber.
On October 20, 2006, Atlanta police stopped Harrison in an unrelated
matter, searched him and found a loaded .40 caliber pistol, the number of which
had been obliterated, and a bag of marijuana. He was arrested, taken into custody
by the Henry County Sheriff’s office, and questioned by an FBI agent and a
sheriff’s investigator. He admitted the robbery, and on October 23, 2006, a
Northern District of Georgia magistrate judge issued a complaint charging him
with bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), and with using
and carrying a firearm during and in relation to a crime of violence, in violation of
1
The bomb turned out to be a hoax device designed to look like a pipe bomb, with two
flares held next to a metal pipe with black tape.
2
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18 U.S.C. § 924(c). He was in custody, but due to an administrative error he was
mistakenly released.
On February 5, 2008, a Northern District of Georgia grand jury indicted
Harrison on the charges listed in the October 23, 2006 complaint, and two days
later he was taken into custody. A superseding indictment issued on March 18,
2008. It charged Harrison with the additional offense of possession of a firearm by
a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1), and
pursuant to 18 U.S.C. § 3559(c), provided him with notice that he qualified for
enhanced punishment on the bank robbery charge and, if convicted of the charge,
faced a mandatory life sentence.
On February 18, 2008, while in custody in the Fulton County Jail, Harrison
attempted suicide. Pursuant to court order, he was evaluated at the Federal
Medical Center in Lexington, Kentucky, and on March 25, 2009, following a
hearing, a magistrate judge found him competent to stand trial. On August 23,
2009, after his trial had been continued, Harrison again attempted suicide, by
inflicting cuts on his left arm, and was placed on suicide watch. After he attempted
suicide again, by hanging, on September 15, 2009, the District Court had him
evaluated at the Federal Medical Center at Butner, North Carolina, and again
continued his trial.
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By December 2009, the court and counsel for the respective parties were
apparently satisfied that Harrison was competent to stand trial, so his case
proceeded to trial, on December 15. In the second day of trial, Harrison, having
negotiated a plea agreement with the Government, tendered pleas of guilty to all
charges. Under the plea agreement, although the maximum sentence Harrison
could receive was life imprisonment, the Government recommended a total
sentence of 420 months. During the plea colloquy that ensued, the court asked
Harrison if he had any questions about the representation counsel had provided
him, and he stated that he was satisfied. The court then accepted his plea.
On April 9, 2009, defense counsel informed the court that Harrison wanted
to withdraw his pleas of guilty, that Harrison pled guilty because he felt that
counsel “wasn’t prepared to do a good job at trial.” On April 13, 2009, the District
Court held a hearing on Harrison request. Harrison testified that counsel had been
derelict in failing to subpoena some alibi witnesses who would testify that he was
at work at the time of the robbery. The court informed Harrison that it could not
vacate his pleas without asking counsel about the conversations he had had with
Harrison. Harrison agreed to allow counsel to speak. Counsel then testified that in
November, shortly before trial, Harrison told him that, at the time of the bank
robbery, he was working on “some cars for people at Texaco,” a service station he
frequented from time to time while not working on his regular “large machinery
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job.” But Harrison could not recall the names of the people or what cars he was
working on. When the court asked Harrison if he had any additional information
about witnesses he may have wanted subpoenaed, he testified that counsel “never
did get in touch with people at the Texaco.”
The court denied Harrison’s motion to withdraw his guilty pleas and
sentenced him to 300 months’ imprisonment on the bank robbery charge and 420
months on the other two charges, the sentences to run concurrently. He now
appeals the court’s judgment, arguing that: (1) his guilty pleas were involuntary;
(2) the District Court abused its discretion in denying his request to withdraw the
pleas; and (3) the pleas resulted from ineffective assistance of counsel. We address
these arguments in order.
I.
Harrison contends the his pleas were involuntary, the product of his loss of
all confidence in his attorney’s ability to defend him. And he felt forced to plead
guilty to avoid a certain life sentence. He also says that the mental health issues he
was suffering played a role in his decision.
A guilty plea waives a number of constitutional rights, and must therefore be
made knowingly and voluntarily to satisfy due process. United States v. Moriarty,
429 F.3d 1012, 1019 (11th Cir. 2005). We determine the voluntariness of a guilty
plea de novo. United States v. Bushert, 997 F.2d 1343, 1352 (11th Cir. 1993). To
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determine that a guilty plea is knowing and voluntary, the court must specifically
address the three core concerns of Federal Rule of Criminal Procedure 11 by
ensuring that the defendant: (1) enters his guilty plea free from coercion; (2)
understands the nature of the charges; and (3) understands the consequences of his
plea. Moriarty, 429 F.3d at 1019. A strong presumption exists that statements
made during a plea colloquy are true. United States v. Medlock, 12 F.3d 185, 187
(11th Cir. 1994).
The record reflects that Harrison’s pleas were voluntary. First of all,
Harrison entered the pleas free from coercion. See Moriarty, 429 F.3d at 1019. He
contends that his pleas were effectively coerced because, due to his belief that his
attorney was not properly defending him, he did not think he would win if the case
proceeded to trial. At the plea colloquy, though, the District Court asked him if he
was satisfied with his counsel’s representation, and he answered in the affirmative.
He has not rebutted the strong presumption that this statement was true. See
Medlock, 12 F.3d at 187.
Furthermore, his mental illness did not prevent him from understanding the
nature of the charges and the consequences of the pleas. See Moriarty, 429 F.3d at
1019. First, the record shows that he understood the nature of the charges. See id.
After Harrison tendered his guilty pleas, the Government recited the elements of
the charges against him, and he stated that he understood that those were the
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elements of the crimes to which he was pleading guilty. See Medlock, 12 F.3d at
187 (holding that strong presumption exists that statements made during a plea
colloquy are true). Second, the record establishes that he understood the
consequences of the pleas. The Government explained the sentencing range for the
offenses, supervised release, and restitution to which he might be subject if he
pleaded guilty. The court explained the appellate rights he was forfeiting. He
stated that he understood all of this information. See id.
The findings of Dr. Judith Campbell, who evaluated his competence to stand
trial, confirm the presumption from the above statements that Harrison’s mental
illness did not render his pleas involuntary. Her evaluation determined that
Harrison was capable of understanding both the nature and extent of the charges
against him as well as the various possible outcomes of pleading guilty. Therefore,
his guilty pleas were voluntary.
II.
Harrison argues that the District Court abused its discretion in denying his
request to withdraw his guilty pleas. He asserts that he did not have close
assistance of counsel at the time of the pleas because he did not believe his counsel
was adequately defending him, and that his mental illness supports overturning the
pleas.
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We review the denial of a request to withdraw a guilty plea for abuse of
discretion. United States v. Brehm, 442 F.3d 1291, 1298 (11th Cir. 2006). A
district court may allow a defendant to withdraw a guilty plea after the court has
accepted the plea but before it has imposed a sentence if the defendant shows a fair
and just reason for the withdrawal. Fed. R.Crim. P. 11(d)(2)(B). We consider four
factors when reviewing a court’s decision: whether (1) close assistance of counsel
was available; (2) the plea was knowing and voluntary; (3) judicial resources
would be conserved; and (4) the Government would be prejudiced if the defendant
were allowed to withdraw his plea. United States v. Buckles, 843 F.2d 469, 472
(11th Cir. 1988).
A guilty plea is knowing and voluntary if the defendant entered the plea
without coercion and understood the nature of the charges and the consequences of
the plea. United States v. Brown, 586 F.3d 1342, 1346 (11th Cir. 2009). When a
defendant has received close assistance of counsel and pleaded guilty knowingly
and voluntarily, we do not give considerable weight or attention to the third and
fourth factors. United States v. Gonzalez-Mercado, 808 F.2d 796, 801 (11th Cir.
1987). The good faith, credibility, and weight of a defendant’s assertion in support
of a motion to withdraw a guilty plea are issues for the court to decide. Brehm,
442 F.3d at 1298.
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The District Court did not abuse its discretion in denying Harrison’s request
to withdraw his guilty pleas. First, Harrison had close assistance of counsel
leading up to his guilty pleas. See Buckles, 843 F.2d at 472. Harrison asserts that
he did not enjoy the close assistance of counsel because there was a rift between
himself and counsel. The record however supports the court’s conclusion that his
dissatisfaction with his defense counsel’s performance was invented post-plea as
an argument to support his request to withdraw his pleas. At the plea colloquy, the
court asked Harrison whether he felt he had “a sufficient opportunity to talk about
[his] case with [the defense counsel] and have him answer any questions,” and
whether he was satisfied with “the representation [defense counsel] has provided.”
Harrison answered, “Yes,” to both of these questions. See Medlock, 12 F.3d at 187
(holding that presumption exists that statements made during a plea colloquy are
true).
Second, as already discussed, Harrison entered the pleas free from coercion
and understood the nature of the charges and the consequences of the pleas.
Therefore, pleading guilty was knowing and voluntary. See Brown, 586 F.3d at
1346.
III.
We do not address Harrison’s argument that the representation his attorney
afforded him failed the Sixth Amendment standard for effective assistance of
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counsel. We do not because experience teaches that a claim of ineffective
assistance is best determined in a collateral proceeding brought under 28 U.S.C. §
2255, where a complete evidentiary hearing can be afforded and all of the relevant
information weighed. True, the District Court did hear from counsel, but the
testimony was brief and not all consuming.
For the reasons stated in parts I and II of this opinion, the judgment of the
District Court is
AFFIRMED.
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