United States v. Dotstry
United States v. Dotstry
Opinion of the Court
Before the Court is the Motion to Withdraw Plea of Guilty [Doc. No. 62] filed by Defendant Kendrick Ledelle Dotstry ("Dotstry"). On November 3, 2017, the Court held an evidentiary hearing on this motion, at which Dotstry offered testimony and counsel presented oral arguments. For the reasons set forth below, Defendant's motion is denied.
*910I. BACKGROUND
A. Offense Conduct and Charges
The Indictment [Doc. No. 1] in this case charges Dotstry with being a felon in possession of a firearm, in violation of
The current charges stem from events occurring on November 19, 2016, when several 911-callers reported an in-progress domestic abuse incident at a Minneapolis apartment complex. (See R & R at 2 [Doc. No. 34].) While officers were en route to the scene, they learned the suspect's name and obtained a description of the suspect and his vehicle. (Id. ) The callers indicated that the suspect had also pointed a gun at several persons near the apartment complex. (Id. at 3.)
At the evidentiary hearing on the instant motion, Dotstry testified that his actions on the day in question were in self-defense. (See Nov. 3, 2017 Hr'g Tr. at 12 [Doc. No. 73].) As he explained at the hearing and in a November 3, 2017 letter to the Court, on November 19, 2016, he visited the apartment complex to attend a baby shower for a woman named Juanita, with whom he was expecting a child. (Def.'s Nov. 3, 2017 Letter at 2 [Doc. No. 68].) At the same time, however, Dotstry was also expecting a child with a different woman-a fact that was apparently known to Juanita and members of her family, who were unhappy with Dotstry. (See
When the responding police officers arrived at the scene, they observed a suspect and vehicle that matched the callers' descriptions. (R & R at 3.) After the driver, later identified as Dotstry, voluntarily pulled over, the officers initiated a stop. (Id. ) Because of concerns that Dotstry was armed, officers drew their weapons, crouched behind the doors of their squad car, and issued commands to Dotstry. (Id. ) Dotstry initially refused to comply, but ultimately did so. (Id. at 3.) While the officers were securing him, the following exchange occurred between Dotstry and Officer Andrew Schroeder:
Officer Schroeder: We got a call you were pointing a gun around.
Dotstry: I was pointing a gun?
Officer Schroeder: That's why we're here.
Dotstry: I do have one. There's one in the car.
Officer Schroeder: Is there one in the car?
Dotstry: Yes, sir.
Officer Schroeder: Do you got a permit for it?
*911Dotstry: No, I don't, sir.
Officer Schroeder: Ok. Very good. Right now you're under arrest for possession of a handgun, ok?
Dotstry: Yes, sir.
Officer Schroeder: You want to tell me where it is just so my officers-
Dotstry: It's in the middle console.
(See
After transporting Dotstry to the jail's sally port, Dotstry asked Officer Schroeder how much "time" he would be facing. (Id. at 5.) Officer Schroeder responded that "everything happens for a reason" and "at least you're above ground." (Id. ) Dotstry then stated that he had initially considered drawing his gun in response to the officers' commands to exit his truck, but reconsidered because he was a new father. (Id. )
B. Legal Proceedings
Dotstry's family retained attorney F. Clayton Tyler ("Tyler") to represent Dotstry on the felon-in-possession charge. (Nov. 3, 2017 Hr'g Tr. at 13-14.) Tyler had previously represented him on his two prior felony convictions in federal court and Dotstry testified that he was satisfied with Tyler's prior services. (See
In his pretrial motions in this case, Dotstry moved to suppress the statements he made at the scene of arrest. (See Def.'s Mem. Supp. Mot. to Suppress at 4 [Doc. No. 32].) He argued that those statements were obtained without a Miranda warning, in violation of the Fifth Amendment. (Id. ) Following a hearing on his motions, Magistrate Judge Bowbeer found that Dotstry's statements at the scene of arrest concerning the gun's location fell under the public safety exception to Miranda set forth in New York v. Quarles,
On June 13, 2017, Dotstry and his counsel appeared at a change-of-plea hearing. He did not enter into a plea agreement with the Government, (see June 13, 2017 Hr'g Tr. at 14 [Doc. No. 51],) but chose to plead guilty to the single felon-in-possession charge in the Indictment. During a lengthy colloquy with the Court, Dotstry: (1) acknowledged his competence and ability to understand the proceedings (id. at 4-6); (2) twice expressed his intention to plead guilty, (id. at 2, 12); (3) attested three times to his understanding that once he entered a guilty plea, and the Court *912accepted it, he would not be able to withdraw it, (id. at 4, 11, 17); (4) stated that he had reviewed the charges with his attorney and was satisfied with Tyler's legal representation, (id. at 6); (5) indicated his understanding of the constitutional rights that he was waiving by pleading guilty instead of going to trial, (id. at 7-11); (6) understood the charges against him, and the possible statutory penalties that he faced by entering a guilty plea, (id. at 11-14); (7) understood the advisory sentencing guidelines and the range of sentences that might be applied to him; (id. at 14-17); (8) understood that the parties disagreed about the applicability of a guideline enhancement, which they would have an opportunity to argue at a later time, (id. at 15-17); (9) provided a sufficient factual basis for the guilty plea, (id. at 17-23); and (10) stated that he was making the plea voluntarily and of his own free will, without any coercion or force. (Id. at 23). The Court also advised that by pleading guilty, criminal defendants relinquish the right to bring pretrial motions. (Id. at 10.) But because Dotstry had already filed his pretrial motions, the Court stated, "You brought pretrial motions, you had a full opportunity to be heard, there was a hearing, there was a ruling, it was appealed, I ruled on it. So, you've been through that process." (Id. at 11.)
The Court ultimately accepted Dotstry's guilty plea, stating,
I find that Mr. Dotstry is aware of the nature of the charges against him and the nature of these proceedings and the consequences of your plea of guilty. I find that your plea is free and voluntary and knowing and informed and well supported in the record by facts that establish each of the elements of the offense with which you're charged. Therefore, sir, I accept your plea of guilty, and I find you guilty as charged.
(Id. at 24.)
In July 2017, Attorney Tyler moved to withdraw as Dotstry's counsel, citing a deterioration in the attorney-client relationship. (See Counsel's Mot. to Withdraw at 1 [Doc. No. 44].) Dotstry testified that the cause of the deteriorating relationship was Tyler's refusal to assert self defense, i.e., a "justification" defense, in response to the felon-in-possession charge. (See Nov. 3, 2017 Hr'g Tr. at 30-31.) The Court granted Tyler's motion, and appointed Dotstry's current counsel, Mr. Paule. (See Order [Doc. No. 54].) At the hearing on the instant motion, Mr. Dotstry waived his attorney-client privilege rights and testified about his communications with Tyler. (See Nov. 3, 2017 Hr'g Tr. at 17-18.)
On September 29, 2017, Dotstry filed his Motion to Withdraw Plea of Guilty, asserting that his guilty plea was not made knowingly and voluntarily, although his written motion contains no legal argument or additional information to explain the specific basis for his claim. (See Def.'s Mot. to Withdraw Plea at 1.) At the November 3, 2017 evidentiary hearing, however, he shifted the basis for his motion to withdraw his plea, arguing that his former counsel had provided ineffective assistance, sufficient to provide a fair and just basis for withdrawing his plea. (See Nov. 3, 2017 Hr'g Tr. at 26, 42-43.)
Dotstry contends that his former counsel misled him by giving incorrect legal advice. (Id. ) At the evidentiary hearing, he testified that during the course of Tyler's representation, the two had discussed several issues, including whether to assert a justification defense, (see id. at 18), and whether Dotstry could retain his right to appeal any of the pretrial rulings. (See id. at 20-22.) Tyler's purportedly incorrect advice consists of: (1) advising Dotstry that *913self-defense was not an available defense to a felon-in-possession charge, (see id. at 18, 22); and (2) failing to properly advise him concerning the possible retention of his appellate rights. (See id. at 21-22.) He appears to argue that by giving him this "misleading" advice, Tyler "coerced" him into pleading guilty. (See id. at 23) (Q: "Mr. Dotstry, you're basically telling this judge that you want to withdraw your plea because you felt that your plea of guilty was coerced by activities by Mr. Tyler. Isn't that correct?" A: "Yes.")
II. DISCUSSION
"[A] defendant has no automatic right to withdraw a plea." United States v. Van Doren,
Even where a defendant establishes a fair and just reason for withdrawing a guilty plea, the court must consider several factors before granting the motion, including: (1) whether the defendant claims that he is innocent of the charge; (2) the length of time between the guilty plea and the motion to withdraw it; and (3) whether the government will be prejudiced if the court grants the motion. United States v. Ramirez-Hernandez,
Ineffective assistance of counsel can constitute a fair and just reason for withdrawal if the defendant can establish the elements of ineffective assistance set forth in Strickland v. Washington,
While the ineffective assistance of counsel may constitute a ground upon which to withdraw a guilty plea, the Eighth Circuit has observed that such claims are "usually best litigated in collateral proceedings," with the benefit of a more fully developed record. Ramirez-Hernandez,
Given the breadth of the testimony elicited at the evidentiary hearing here, the Court finds that Dotstry's motion to withdraw his guilty plea based on ineffective assistance of counsel is ripe for consideration. See
While Dotstry now asserts ineffective assistance of counsel, he concedes that he raised no concerns about his counsel's effectiveness with the Court at the change-of-plea hearing. (See Nov. 3, 2017 Hr'g Tr. at 30-32.) To the contrary, at that hearing, Dotstry testified, under oath, that he was satisfied with Tyler's services and had had the opportunity to fully discuss the case with him.
At the time of the change-of-plea hearing, Dotstry was aware of the issues that he now asserts in support of his claim *915of Tyler's alleged ineffectiveness-the purportedly incorrect or misleading information concerning the justification defense and the preservation of certain appellate rights. (See id. at 18-22.) He testified that he had discussed these issues with Tyler. (Id. ) But, again, Dotstry did not raise any such concerns with the Court at the change-of-plea hearing. Dotstry's "failure to assert any objections to his counsel's performance at the change-of-plea hearing, despite his knowledge then of the factors he now submits as relevant, 'refutes any claim of ineffective assistance of counsel as a basis for withdrawing his plea.' " United States v. Newson,
Moreover, the evidence presented by Dotstry does not establish that Tyler's performance was deficient. The Eighth Circuit has declined to recognize self-defense, or "justification," as a defense to a violation of
Dotstry's other ground for claiming ineffective assistance is his apparent belief, based on Tyler's alleged advice, that a guilty plea would still allow him to retain the right to challenge this Court's suppression rulings on appeal. (See Nov. 3, 2017 Hr'g Tr. at 21-22, 44.) Yet during the change-of-plea hearing, no such conditions or stipulations were placed on the record. In Haubrich,
Nor does the record support any claim that Tyler's advice somehow "coerced" Dotstry into pleading guilty. Mr. Dotstry's own testimony contradicts any *916such assertions. At the change-of-plea hearing, Dotstry testified that he entered the plea voluntarily, of his own free will and absent any coercion. (June 13, 2017 Hr'g Tr. at 23.) At the evidentiary hearing, Dotstry reaffirmed that his plea was voluntarily given. (See Nov. 3, 2017 Hr'g Tr. at 36.)
Because the Court finds that Dotstry has not established a fair and just reason to withdraw his plea, the Court is not required to address the additional factors noted earlier, i.e., whether the defendant claims innocence, the length of time between the guilty plea and the motion to withdraw it, and whether the government will be prejudiced if the motion is granted. See Ramirez-Hernandez,
For all of the foregoing reasons, the Court finds that Dotstry has not established a just and fair reason for the withdrawal of his guilty plea.
THEREFORE, IT IS HEREBY ORDERED THAT:
1. Defendant Kendrick Ledelle Dotstry's Motion to Withdraw Plea of Guilty [Doc. No. 62] is DENIED.
This Court suppressed Dotstry's statement that he did not have a gun permit, finding the question prompting that response did not fall under the public safety exception. (May 26, 2017 Order at 8-9.) In addition, the Court suppressed statements made in response to other questions regarding "what had been going on," and some items found in Dotstry's pockets. (Id. ) In all other respects, the Court denied Dotstry's suppression motion.
Not only did Dotstry express his satisfaction with his counsel at the change-of-plea hearing, (see June 13, 2017 Hr'g Tr. at 6), but as noted earlier, Dotstry had previously retained Tyler to represent him on his two earlier federal convictions, and was satisfied with his services on those occasions. (See Nov. 3, 2017 Hr'g Tr. at 14-15.) While Dotstry noted that there were some communication problems with Tyler and co-counsel during their representation on Dotstry's second federal case, (see id. at 33-34), any such concerns did not dissuade him from retaining Tyler a third time.
To the extent that Dotstry disputes any of the information in his Presentence Report, the Court advised him at the change-of-plea hearing that he would have an opportunity to object. (See June 13, 2017 Hr'g Tr. at 16.)
Reference
- Full Case Name
- United States v. Kendrick Ledelle DOTSTRY
- Status
- Published