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    This document summarizes an unpublished appellate court opinion from the United States Court of Appeals for the Fourth Circuit regarding Frank Esquivel's appeal of his conviction and sentence for conspiracy to distribute cocaine. The court affirmed the district court's ruling, finding that Esquivel's guilty plea was knowing and voluntary despite his claim that he did not understand he could be sentenced based on drug quantities over 50 kilograms of cocaine. The court determined the district court conducted a thorough plea colloquy pursuant to the rules and the record did not support Esquivel's confusion claim. The court also noted that while Esquivel appealed the forfeiture order, he did not challenge it in his brief so the issue was waived.

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    Filed: 2007-07-09 Precedential Status: Non-Precedential Docket: 05-4913

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    This document summarizes an unpublished appellate court opinion from the United States Court of Appeals for the Fourth Circuit regarding Frank Esquivel's appeal of his conviction and sentence for conspiracy to distribute cocaine. The court affirmed the district court's ruling, finding that Esquivel's guilty plea was knowing and voluntary despite his claim that he did not understand he could be sentenced based on drug quantities over 50 kilograms of cocaine. The court determined the district court conducted a thorough plea colloquy pursuant to the rules and the record did not support Esquivel's confusion claim. The court also noted that while Esquivel appealed the forfeiture order, he did not challenge it in his brief so the issue was waived.

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    Public Domain
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    1 views3 pages

    United States v. Esquivel, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished appellate court opinion from the United States Court of Appeals for the Fourth Circuit regarding Frank Esquivel's appeal of his conviction and sentence for conspiracy to distribute cocaine. The court affirmed the district court's ruling, finding that Esquivel's guilty plea was knowing and voluntary despite his claim that he did not understand he could be sentenced based on drug quantities over 50 kilograms of cocaine. The court determined the district court conducted a thorough plea colloquy pursuant to the rules and the record did not support Esquivel's confusion claim. The court also noted that while Esquivel appealed the forfeiture order, he did not challenge it in his brief so the issue was waived.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    No. 05-4913

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    FRANK ESQUIVEL,
    Defendant - Appellant.

    No. 06-4070

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    FRANK ESQUIVEL,
    Defendant - Appellant.

    Appeals from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:05-cr-00026-F-1)
    Submitted: January 31, 2007

    Decided: July 9, 2007

    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.


    Affirmed by unpublished per curiam opinion.

    Anthony Mark Brannon, BRANNON STRICKLAND, PLLC, Raleigh, North


    Carolina, for Appellant. George E.B. Holding, Acting United States
    Attorney; Anne M. Hayes, Christine Witcover Dean, Assistant United
    States Attorneys, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.

    - 2 -

    PER CURIAM:
    Frank Esquivel appeals from his conviction and 264-month
    sentence and the order of forfeiture* imposed following Esquivels
    guilty plea to one count of conspiracy to distribute and possess
    with intent to distribute cocaine base and cocaine, 21 U.S.C. 846
    (2000).

    Finding no merit to his appeals, we affirm.


    Esquivel claims that his guilty plea was not knowing and

    voluntary because, although he stipulated in his plea agreement


    that the readily provable quantity of the controlled substance to
    be used for the purpose of establishing the base offense level is
    . . . more than 50 kilograms of cocaine, he did not realize that
    he could be sentenced based on a quantity exceeding fifty kilograms
    of cocaine.

    We find that the district court conducted a thorough

    inquiry pursuant to Rule 11 of the Federal Rules of Criminal


    Procedure.

    Absent extraordinary circumstances, an appellant is

    bound by his statements at the plea hearing.


    F.3d 377, 395-96 (4th Cir. 2001).
    support

    Esquivels

    claim

    Beck v. Angelone, 261

    The record in this case does not

    that

    he

    was

    confused

    about

    the

    consequences of his plea.


    Accordingly, we affirm.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented in


    the materials before the Court and argument would not aid the
    decisional process.
    AFFIRMED

    Although he filed a notice of appeal from the forfeiture


    order, Esquivel did not challenge the order in his brief and
    therefore has waived the issue. Edwards v. City of Goldsboro, 178
    F.3d 231, 241 (4th Cir. 1999).
    - 3 -

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