USCA11 Case: 22-13794 Document: 29-1 Date Filed: 12/04/2023 Page: 1 of 8
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13794
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY MICHAEL BEASLEY,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 7:21-cr-00043-LSC-JHE-1
____________________
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2 Opinion of the Court 22-13794
Before BRASHER, ABUDU, and ANDERSON, Circuit Judges.
PER CURIAM:
Jerry Beasley appeals his conviction for possession of meth-
amphetamine with intent to distribute, challenging the district
court’s denial of his motion to withdraw his guilty plea. Beasley
argues that the district court abused its discretion in denying his
motion because his counsel coerced him into pleading guilty by
failing to provide him with all of the discovery in his case, only
providing the discovery photographs in black and white, and telling
him to plead guilty because he did not have a defense.
We review the denial of a motion to withdraw a guilty plea
for abuse of discretion. United States v. Brehm, 442 F.3d 1291, 1298
(11th Cir. 2006). An abuse of discretion only occurs if the denial
was “arbitrary or unreasonable.” Id. (quoting United States v.
Weaver, 275 F.3d 1320, 1327 n.8 (11th Cir. 2001)).
A defendant may withdraw a guilty plea after the court ac-
cepts it but before it imposes a sentence if he “can show a fair and
just reason for requesting the withdrawal.” Fed. R. Crim. P.
11(d)(2)(B). “In determining whether the defendant has met this
burden, the district court may consider the totality of the circum-
stances surrounding the plea.” United States v. Buckles, 843 F.2d 469,
471-72 (11th Cir. 1988). The factors a court should consider “in-
clude (1) whether close assistance of counsel was available;
(2) whether the plea was knowing and voluntary; (3) whether judi-
cial resources would be conserved; and (4) whether the
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22-13794 Opinion of the Court 3
government would be prejudiced if the defendant were allowed to
withdraw his plea.” Id. at 472 (citation omitted). “The good faith,
credibility and weight of a defendant’s assertions . . . are issues for
the trial court to decide.” Id. “[A] district court need not find prej-
udice to the government before it can deny a defendant’s motion
to withdraw, [but] it may take this factor into account when as-
sessing the defendant’s motion.” Id. at 474. We have previously
concluded that, where factors one and two strongly lean against
the appellant, we need not give considerable weight or attention to
factors three and four. See United States v. Gonzalez-Mercado, 808
F.2d 796, 801 (11th Cir. 1987).
“A guilty plea is knowingly and voluntarily made if the de-
fendant enters his plea without coercion and understands the na-
ture of the charges and the consequences of his plea.” United States
v. Brown, 586 F.3d 1342, 1346 (11th Cir. 2009). District courts must
follow the procedures set out in Fed. R. Crim. P. 11(b) when accept-
ing guilty pleas, which include advising the defendant of the rights
that they are waiving and the consequences of their plea, question-
ing them to make sure that they understand those rights and con-
sequences, ensuring that the plea is voluntary and did not result
from coercion, and determining that there is a factual basis for the
plea. Fed. R. Crim. P. 11(b); see also United States v. Presendieu, 880
F.3d 1228, 1238 (11th Cir. 2018). “These procedures are designed
to address the three ‘core objectives’ necessary for a knowing and
voluntary guilty plea: (1) that the defendant enters his plea free
from coercion, (2) that he understands the nature of the charges,
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4 Opinion of the Court 22-13794
and (3) that he understands the consequences of his plea.” Pres-
endieu, 880 F.3d at 1238.
“There is a strong presumption that the statements made
during [a plea] colloquy are true.” United States v. Medlock, 12 F.3d
185, 187 (11th Cir. 1994). For that reason, “when a defendant makes
statements under oath at a plea colloquy, he bears a heavy burden
to show his statements were false.” United States v. Rogers, 848 F.2d
166, 168 (11th Cir. 1988).
The timing of the motion to withdraw the plea is also an
important consideration. Gonzalez-Mercado, 808 F.2d at 801. “The
longer the delay between the entry of the plea and the motion to
withdraw it, the more substantial the reasons must be as to why
the defendant seeks withdrawal.” Buckles, 843 F.2d at 473.
Here, the district court did not abuse its discretion in deny-
ing Beasley’s motion to withdraw his guilty plea. See Brehm, 442
F.3d at 1298. First, its finding that Beasley had close assistance of
counsel was proper. It was within its discretion to find credible
Beasley’s attorney’s testimony at the withdrawal hearing and
therefore find that the attorney had given Beasley all of the discov-
ery, had discussed the case and the consequences of pleading guilty
with him, had prepared to go to trial when Beasley at first did not
want to plead guilty, had not given him incorrect advice that he
could freely withdraw his plea before sentencing, and had reviewed
the plea agreement with him. Although Beasley contested many
of these assertions, the court was allowed to find his testimony not
to be credible. Buckles, 843 F.2d at 472.
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22-13794 Opinion of the Court 5
The court was further able to rely on Beasley’s statements
at the plea hearing, which are afforded a strong presumption of
truth. Medlock, 12 F.3d at 187. Even if Beasley was equivocal about
attorney Neff’s performance in the case at that time, he ultimately
affirmed that Neff had “done okay” and explained the case to him
without bringing up any of the specific grievances that he later as-
serted against him. Specifically concerning the claim that Neff told
him that he could withdraw his plea, Beasley even stated at the first
withdrawal hearing that he thought he could freely withdraw his
plea and that nobody had told him that he was able to do so. That
inconsistency with his later assertion was enough to justify the
court’s finding that Neff’s testimony was more credible than
Beasley’s.
The only consistent fact between Neff’s and Beasley’s testi-
monies was that Neff only provided Beasley with black-and-white
photographs. However, the court noted that the defense that Of-
ficer Stanton cropped the photo and fabricated the trash pull evi-
dence was not unavailable to Beasley before his plea hearing be-
cause the details that he claimed supported that argument could be
identified in both the black-and-white and color versions of the
pickup-truck photo. This was further supported by Neff’s testi-
mony that Beasley pointed out this argument to him using the
black-and-white photo. He further did not think that it would have
aided in Beasley’s defense anyway, which the court agreed with
when it found that the result of the hearing would have been the
same even if Beasley had access to the color photo. Thus, on the
totality of the circumstances, there is enough evidence on the
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6 Opinion of the Court 22-13794
record to support the court’s finding that Neff provided Beasley
with sufficiently close assistance.
Regarding the second factor, the district court did not abuse
its discretion in relying on Beasley’s statements at the plea hearing
in finding that his guilty plea was knowing and voluntary, given the
strong presumption of truth afforded to such statements. Medlock,
12 F.3d at 187. Beasley’s admissions at the plea hearing that he un-
derstood the charges against him, the conditions of the plea agree-
ment, and the consequences of the plea agreement, and that he was
not being coerced into pleading guilty all support the court’s find-
ing. Fed. R. Crim. P. 11(b); Presendieu, 880 F.3d at 1238. Beasley
does not cite to any specific, credible facts that would undermine
the strong presumption of truth underlying his statements at the
plea hearing. His statement that Neff coerced him into pleading
guilty by telling him that he did not have a defense is contradicted
by Neff’s testimony, which the court found more credible than
Beasley’s.
All of these facts support the court’s finding that Beasley
likely wanted to withdraw his guilty plea not because he was co-
erced into pleading guilty “but because he [was] fac[ing] extensive
time in prison.” Beasley even stated to the court at the first with-
drawal hearing that he pled guilty to buy himself more time before
pleading not guilty as a means of delaying his case. The voluntari-
ness of Beasley’s plea was also supported by the length of time be-
tween the court’s acceptance of the plea and his motion to with-
draw it, approximately two-and-one-half months. As the district
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22-13794 Opinion of the Court 7
court found, the fact that the motion to withdraw was so close in
time to the calculation of Beasley’s guideline range suggests that,
like in Gonzalez-Mercado, he “withdrew his plea in anticipation of a
harsher sanction” than he expected. 808 F.2d at 801. Based on the
totality of the circumstances, there are enough facts on the record
to support the court’s finding that Beasley’s guilty plea was know-
ing and voluntary.
The court did not directly discuss factors three or four, but
it did not need to discuss either based on its findings with respect
to factors one and two. See Buckles, 843 F.2d at 474. Even so, nei-
ther factor suggests that the district court abused its discretion in
denying Beasley’s motion. Many resources were expended on
Beasley’s case, including a suppression hearing, two change of plea
hearings, and two hearings addressing his pro se motions. If the
court allowed Beasley to withdraw his plea, many more resources
would then be expended, including a jury trial. Regarding factor
four, the government would be prejudiced if the court allowed
Beasley to withdraw his plea because it would be required to col-
lect and reinterview witnesses, regather evidence, and prepare for
trial after already having gone through the plea process. Regard-
less, to deny Beasley’s motion, the district court did not need to
find that the government would have been prejudiced if it allowed
him to withdraw the plea. Buckles, 843 F.2d at 474.
In sum, because Beasley had available the close assistance of
effective counsel and pled guilty knowingly and voluntarily, the
district court did not abuse its discretion in denying his motion to
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8 Opinion of the Court 22-13794
withdraw his plea under Fed. R. Crim. P. 11(d)(2)(B). See id. 843
F.2d at 471-72.
For the foregoing reasons, the judgment of the district court
is
AFFIRMED.