United States v. Howell ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20123
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY PAUL HOWELL, also known as William Paul Harris,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-90-CR-272-1
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September 30, 1999
Before DAVIS, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
The district court permitted Billy Paul Howell to file this
out-of-time appeal from his 1991 guilty-plea conviction for bank
robbery (in violation of 18 U.S.C. § 2113(a)) and use of a
dangerous weapon during the commission of a crime of violence (in
violation of 18 U.S.C. § 924(c)(1)). Howell argues that there
was not an adequate factual basis under FED. R. CRIM. P. 11(f) to
support his guilty plea to bank robbery because the Government
failed to present facts to show that the bank he robbed was
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 99-20123
-2-
federally insured. See United States v. Guerrero, 169 F.3d 933,
944 (5th Cir. 1999) (proof that institution meets definition of
‘bank’ at time of robbery is essential element of offense). Even
if the Government failed at Howell’s guilty-plea proceeding to
present facts to support the indictment’s allegation that Texas
Commerce Bank was federally insured, the factual basis for
Howell’s plea came from other sources, including the indictment
and testimony at Howell’s detention hearing, as well as an
acknowledgment by Howell’s attorney in a “Motion to Sever” that
the Government’s evidence indicated the banks in question were
federally insured. See, e.g., United States v. Ammirato, 670
F.2d 552, 555 & n.3 (5th Cir. 1982) (factual basis for guilty
plea may “come from several sources,” and court may note that
attorney recognizes factual basis for element of offense); United
States v. Adams, 961 F.2d 505, 509 (5th Cir. 1992) (indictment
may be sole source for guilty plea’s factual basis).
Accordingly, Howell’s conviction and sentence are AFFIRMED.