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    United States v. Brooks, 4th Cir. (2001)

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    This document summarizes a court case in which Jesse Brooks appealed his conviction for possession with intent to distribute cocaine and cocaine base. The court remanded the case to determine if Brooks knew the mandatory minimum sentence before pleading guilty, and if not, whether that affected his decision. On remand, the district court found that Brooks did know the mandatory minimum, so the failure to properly inform him at the plea hearing did not affect his decision to plead guilty. The appeals court then affirmed Brooks' conviction based on the district court's reasoning.

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    United States v. Brooks, 4th Cir. (2001)

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    This document summarizes a court case in which Jesse Brooks appealed his conviction for possession with intent to distribute cocaine and cocaine base. The court remanded the case to determine if Brooks knew the mandatory minimum sentence before pleading guilty, and if not, whether that affected his decision. On remand, the district court found that Brooks did know the mandatory minimum, so the failure to properly inform him at the plea hearing did not affect his decision to plead guilty. The appeals court then affirmed Brooks' conviction based on the district court's reasoning.

    Original Description:

    Filed: 2001-02-26 Precedential Status: Non-Precedential Docket: 99-4325

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    This document summarizes a court case in which Jesse Brooks appealed his conviction for possession with intent to distribute cocaine and cocaine base. The court remanded the case to determine if Brooks knew the mandatory minimum sentence before pleading guilty, and if not, whether that affected his decision. On remand, the district court found that Brooks did know the mandatory minimum, so the failure to properly inform him at the plea hearing did not affect his decision to plead guilty. The appeals court then affirmed Brooks' conviction based on the district court's reasoning.

    Copyright:

    Public Domain
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    27 views2 pages

    United States v. Brooks, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Jesse Brooks appealed his conviction for possession with intent to distribute cocaine and cocaine base. The court remanded the case to determine if Brooks knew the mandatory minimum sentence before pleading guilty, and if not, whether that affected his decision. On remand, the district court found that Brooks did know the mandatory minimum, so the failure to properly inform him at the plea hearing did not affect his decision to plead guilty. The appeals court then affirmed Brooks' conviction based on the district court's reasoning.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-4325

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JESSE BROOKS, a/k/a Adonis,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    C. Weston Houck, District Judge.
    (CR-98-757)

    Submitted:

    February 9, 2001

    Decided:

    February 26, 2001

    Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.


    James T. McBratney, MCBRATNEY LAW FIRM, Florence, South Carolina,
    for Appellant. J. Rene Josey, United States Attorney, Alfred W.
    Bethea, Jr., Assistant United States Attorney, Florence, South
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jesse Brooks appeals his conviction entered after his guilty
    plea to possession with intent to distribute cocaine and cocaine
    base.

    On appeal, Brooks contends that the district court erred by

    failing to inform him of the applicable statutory minimum sentence


    at his Fed. R. Crim. P. 11 hearing.

    Because the record reflected

    a technical violation of Rule 11, we remanded the case for a determination by the district court of whether Brooks knew of his mandatory minimum sentence before he pled guilty, and if not, whether
    his lack of knowledge affected his decision to plead guilty.

    On

    remand, the district court found that Brooks knew of the mandatory
    minimum sentence before he pled guilty, and thus, even had Brooks
    been properly informed by the district court at the Rule 11 hearing, it would not have affected his decision to plead guilty.
    We have reviewed the district courts order on remand, as well
    as the applicable transcripts and the appellate briefs, and we are
    in agreement with the district courts conclusions.

    Accordingly,

    we affirm on the reasoning of the district court in its order on


    remand.

    United States v. Brooks, No. CR-98-757 (D.S.C. June 16,

    2000). 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

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