United States v. James

James arranged to sell cocaine to a DEA confidential informant, took a bag containing 12 kilograms of cocaine to a hotel room where the informant was staying, and negotiated a price of $13,500. DEA agents immediately arrived and arrested James. James, who apparently had no criminal history, was charged with conspiracy to distribute narcotics, 21 U.S.C. 846, and possession with intent to distribute narcotics, section 841(a)(1). After being thoroughly questioned by the judge, James agreed to the government’s statement of facts and entered a plea of guilty to Count 1, which the court accepted. Months later, before sentencing, James filed a pro se “motion to dismiss counsel based upon ineffectiveness of counsel,” asserting his innocence, and claiming duress and that he did not understand the plea agreement. Newly-appointed counsel moved to withdraw the plea and argued entrapment. The court denied the motion, reasoning that “an entrapment defense is a claim of legal innocence, not factual innocence,” and James had failed to assert factual innocence. The Third Circuit affirmed. Even if James’s assertion of legal innocence (entrapment) were sufficient, bald assertions of innocence are insufficient to permit a defendant to withdraw his guilty plea. The court noted his earlier admissions, including that he negotiated the price on a per-kilo basis; James’s statements during the plea hearing indicate that his plea was knowing, voluntary, and fully informed. View "United States v. James" on Justia Law