United States v. Housman ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20265
No. 97-20269
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY HOUSMAN, SR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-82-1
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April 15, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Larry Housman, Sr., appeals his guilty-plea conviction for
five counts of trafficking in counterfeit services, conspiracy to
violate the laws of the United States, possession of 15 or more
unauthorized access devices, and possession of device-making
equipment. He argues that the district court abused its
discretion in denying his motion to withdraw his guilty plea. He
contends that his guilty plea was unknowing and involuntary
*
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that this opinion should not be published and is not precedent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.
because the Government breached its promise that his sentence
would be based on a $40,000 total loss. The record of the
rearraignment indicates that there was no plea agreement and that
the Government did not promise that Housman’s sentence would be
based on a $40,000 loss. At the rearraignment, Housman stated
that no promises of leniency were made and that he understood his
sentence would be based U.S. Sentencing Guidelines and on the
facts presented in the Presentence Report. Housman’s statements
in open court carry a strong presumption of truth. See
Blackledge v. Allison, 431 U.S. 63, 74 (1977). The district
court did not abuse its discretion in denying Housman’s motion to
withdraw his guilty plea. See United States v. Thomas, 13 F.3d
151, 152-53 (5th Cir. 1994).
AFFIRMED.
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