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Keywords

defendanthearingtrialpleamotionfelonyguilty plea
defendanthearingtrialpleamotionfelonyguilty plea

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BARKER v. ATTORNEY GENERAL OF UNITED STATES

Facts

In September of 1976, Barker, who had been convicted in Ohio in 1958 on a felony charge of armed robbery, was found possessing a .38 caliber revolver. He was subsequently indicted for violation of 18 U.S.C. 922(h). After initially pleading not guilty, Barker entered a guilty plea on the morning of trial following a plea agreement with the Government. Prior to accepting the plea, the trial court conducted a full hearing to ensure that Barker's plea was made intelligently and voluntarily. After the plea, Barker attempted to withdraw it, claiming coercion and other grounds, but the trial court denied his motion and sentenced him to three years imprisonment.

In September of 1976, Barker, who had been convicted in Ohio in 1958 on a felony charge of armed robbery, was found possessing a .38 caliber revolver. He was subsequently indicted for violation of 18 U.S.C. 922(h). After initially pleading not guilty, Barker entered a guilty plea on the morning of trial following a plea agreement with the Government. Prior to accepting the plea, the trial court conducted a full hearing to ensure that Barker's plea was made intelligently and voluntarily. After the plea, Barker attempted to withdraw it, claiming coercion and other grounds, but the trial court denied his motion and sentenced him to three years imprisonment.

Issue

Did the trial court apply the proper legal standard in denying Barker's motion to withdraw his guilty plea, and did it err in failing to conduct a full hearing on his mental competence?

Did the trial court apply the proper legal standard in denying Barker's motion to withdraw his guilty plea, and did it err in failing to conduct a full hearing on his mental competence?

Rule

A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; to correct manifest injustice, the court may set aside the judgment of conviction and permit the defendant to withdraw his plea. The test to be applied when a motion to withdraw is made before sentencing is that of 'fairness and justice.'

A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; to correct manifest injustice, the court may set aside the judgment of conviction and permit the defendant to withdraw his plea. The test to be applied when a motion to withdraw is made before sentencing is that of 'fairness and justice.'

Analysis

The court found that the trial court did not abuse its discretion in denying Barker's motion to withdraw his guilty plea. The record established that Barker's plea was entered voluntarily and intelligently, and that he was represented by competent counsel. The court noted that Barker's claims of coercion were unconvincing and that he was attempting to manipulate the criminal justice system. The trial court's findings regarding Barker's mental competence were also upheld, as he had been evaluated and found competent prior to entering his plea.

The court found that the trial court did not abuse its discretion in denying Barker's motion to withdraw his guilty plea. The record established that Barker's plea was entered voluntarily and intelligently, and that he was represented by competent counsel. The court noted that Barker's claims of coercion were unconvincing and that he was attempting to manipulate the criminal justice system. The trial court's findings regarding Barker's mental competence were also upheld, as he had been evaluated and found competent prior to entering his plea.

Conclusion

The court affirmed the judgments convicting defendant of receipt by a convicted felon of a firearm and denying his motion to vacate his sentence, holding that the district court applied the proper legal standard and did not abuse its discretion.

The court affirmed the judgments convicting defendant of receipt by a convicted felon of a firearm and denying his motion to vacate his sentence, holding that the district court applied the proper legal standard and did not abuse its discretion.

Who won?

The United States prevailed in the case because the court found that the district court did not err in its handling of Barker's guilty plea and subsequent motions.

The United States prevailed in the case because the court found that the district court did not err in its handling of Barker's guilty plea and subsequent motions.

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