U.S. v. Benton, 07-4211
Denial of defendant's motion to withdraw his plea is affirmed where: 1) magistrate judges possess the authority to bind defendants to their plea so long as district judges retain the authority to review the magistrate judge's actions de novo; 2) there is no reversible error even if defendant was misinformed as to the length of his term of supervised release, so long as his overall sentence fit within the sentencing range communicated to him at his plea colloquy; and 3) a failure to discuss the mens rea of a charge where it is not at issue under the case does not constitute ineffective representation.
- Decided 04/28/2008
- Published 04/28/2008
- Before WILKINSON and GREGORY, Circuit Judges, and PATRICK MICHAEL DUFFY, United States District Judge for the District of South Carolina, sitting by designation.
- United States Fourth Circuit
- For Appellees:
- ARGUED: Raquel Kathy Wilson, Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Adam Christopher Morris, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Kevin A. Tate, Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.