UNITED STATES v. SMITH (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Leroy SMITH, Defendants-Appellant

No. 17-30310

Decided: July 09, 2018

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

Nicholas D. Moses, Kevin G. Boitmann, Brandon Scott Long, Assistant U.S. Attorneys, Diane Hollenshead Copes, Esq., Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee Samantha Jean Kuhn, Assistant Federal Public Defender, Celia Clary Rhoads, Esq., Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant

Larry Smith appealed his guilty plea to a drug conspiracy, alleging ineffective assistance of counsel that led to an unknowing and involuntary plea. The government, with admirable candor, admits that it mis-charged one object of the conspiracy and therefore, the district court’s plea colloquy was inaccurate. Consequently, the government believes the errors may have affected the knowing and voluntary nature of the plea. Both parties agree to vacate the sentences and remand to the district court for further proceedings. Smith also requests an order to vacate his guilty plea. Based on the record before us, we reject a premature ruling on the validity of the guilty plea. The sentences imposed by the district court are VACATED, and the case is REMANDED for further proceedings including an examination of the voluntariness and knowingness of the plea.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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