United States v. Grinage
United States v. Grinage
Opinion of the Court
SUMMARY ORDER
Mark Reneau appeals from the July 7, 2003 judgment of the United States Dis
On February 20, 2002, Reneau was arrested by local authorities in New Mexico in possession of 5.4 kilograms of PCP. He waived extradition and was transferred to the Southern District of New York, where, on September 20, 2002, he pled guilty to both counts of a two count information. Count One charges Reneau with engaging in a conspiracy, from on or about January 2001 up to and including September 2001, to distribute and possess with intent to distribute one hundred grams and more of PCP or one kilogram and more of mixtures and substances containing a detectable amount of PCP, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), and 846. Count Two charges that, on or about February 20, 2002, Reneau distributed and possessed with intent to distribute approximately 5.4 kilograms of a mixture and substance containing a detectable amount of PCP, in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(A).
Reneau challenges the sufficiency of his factual allocution to the conspiracy count. Former Rule 11(f)
When a defendant “lets [a] Rule 11 error pass without objection in the trial court” and raises the issue for the first time on appeal, we review the trial court proceedings for plain error. United States v. Vonn, 535 U.S. 55, 58-59, 122 S.Ct. 1043, 152 L.Ed.2d 90 (2002); United States v. Mercado, 349 F.3d 708, 709 (2d Cir. 2003), cert. denied, 540 U.S. 1169, 124 S.Ct. 1190, 157 L.Ed.2d 1220 (2004). Under the plain error standard, the defendant has the burden of showing that his “substantial rights” were affected. Vonn, 535 U.S. at 62-63, 122 S.Ct. 1043 (citation omitted). Although we may take into account the entire record before the district court and need not confine ourselves to the transcript of the plea proceedings, see id. at 74-75, 122 S.Ct. 1043, here, we need go no further than the plea proceeding itself in evaluating the sufficiency of Reneau’s allocution.
Reneau’s first argument is that the conduct to which he allocuted did not occur during the time period charged in the information. Reneau’s plea allocution amply establishes facts sufficient to support a plea of guilty to his participation in a PCP distribution conspiracy between January and September of 2001. In response to a question about how much PCP Reneau himself transported during that period, Reneau stated that he made approximately four or five trips and carried anywhere from one-half gallon to two gallons on each trip. The prosecution represented that one gallon is approximately one-and-a-half kilograms of PCP. Reneau has offered nothing to contradict his sworn statements that, during the period charged, he himself transported these quantities of PCP from
As for Reneau’s second argument as to the conspiracy count, that he did not allocute to the particular overt act set forth in the information, the simple answer is that it was unnecessary for Reneau to do so. The Government need not prove the commission of any overt act to establish a conspiracy in violation of 21 U.S.C. § 846. See United States v. Shabani, 513 U.S. 10, 15, 115 S.Ct. 382, 130 L.Ed.2d 225 (1994). In any event, the defendant allocuted to actual distribution of PCP in Harlem and to his transportation of PCP from California to New York.
Turning to Reneau’s lack of venue claim as to Count Two, “a defendant who knowingly and voluntarily enters a guilty plea waives all nonjurisdictional defects in the prior proceedings.” Lebowitz v. United States, 877 F.2d 207, 209 (2d Cir. 1989). Venue is not jurisdictional; any objection to venue is therefore waived when a defendant enters a valid plea. United States v. Calderon, 243 F.3d 587, 589-90 (2d Cir. 2001).
Here, Reneau’s guilty plea was knowing and voluntary. Although Reneau has only a second grade education and cannot read or write, the district court confirmed that the plea agreement had been read to him and that he had discussed it with his counsel. The plea agreement itself contained a provision waiving venue for count two, and counsel stated that he had discussed the issue with Reneau “extensively.” During the plea proceeding, the prosecution stated that “Mr. Reneau has been told that he had a right and has a right to have [count two] prosecuted in New Mexico, and he understands that. He wants to enter a plea of guilty to that charge here in New York and not have the matter pursued in New Mexico.” When the judge asked Reneau if that was correct, Reneau answered, “[t]hat’s so.” From this record, not only was there a knowing and voluntary plea, which in itself waived venue, but there was an express waiver of venue.
For the foregoing reasons, the judgment of the district court as to Reneau is hereby AFFIRMED.
. Rule 11 was amended in 2002. The language requiring the court to determine that there is a factual basis for a guilty plea is now found in subsection (b)(3).
Reference
- Full Case Name
- United States v. Raynard GRINAGE, also known as Boogee, also known as Hans, also known as Harold Phillips Sherry Cannon Betsy Reneau, also known as Betsy Fernandez Rodney Thomas Edgar Arroyo Michael T. Garvin, also known as Miami Michelle Williams, also known as Michelae Williams Dean Parks, Sidney OSMAN, Mark Reneau
- Cited By
- 1 case
- Status
- Published