United States Fourth Circuit

Conviction based on guilty plea to conspiracy to distribute 500 grams or more of methamphetamine is vacated where defendant not admit the necessary mens rea before entering his plea and the record contained no factual basis to support that element of the offense.

Appellate Information

• Decided 12/12/2007
• Published 12/12/2007

Judges

• Before NIEMEYER and DUNCAN, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Neal Lawrence Walters, Scott & Kroner, P.C., Charlottesville, Virginia, for Appellant.  Jean Barrett Hudson, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.   ON BRIEF:  David I. McCaskey, Staunton, Virginia;  Michael Castiglione, Third Year Law Student, Matthew Dunne, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  John L. Brownlee, United States Attorney, Roanoke, Virginia, Ray B. Fitzgerald, Jr., Assistant United States Attorney, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.