United States v. Wyatt ( 1996 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40791
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANN WYATT,
Defendant-Appellant.
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Appeal from the United States District Court for the
Eastern District of Texas
(1:94-CR-12-4)
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May 14, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant appeals her guilty-plea conviction for conspiracy to
distribute and possess with intent to distribute five or more
kilograms of cocaine. She contends that her guilty plea was not
knowingly and voluntarily entered. We affirm the judgment of the
district court.
The record indicates that the district court fully advised
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
appellant of the nature of the conspiracy charge and the
consequences of pleading guilty to the offense. Fed. R. Crim. P.
11(c); see United States v. Johnson, 1 F.3d 296, 299-302 (5th Cir.
1993). Although Wyatt initially appeared confused concerning her
involvement in the offense, she subsequently admitted that the
facts presented by the Government were true, that she intentionally
participated in the conspiracy offense, and that she was pleading
guilty because she actually was guilty of the conspiracy offense.
The district court carefully questioned Wyatt concerning her
involvement in the offense, and Wyatt admitted she intentionally
participated in the conspiracy. A defendant's solemn declarations
in open court carry a strong presumption of truth. See Blackledge
v. Allison, 431 U.S. 63, 74, 97 S. Ct. 1621, 1629, 52 L. Ed.2d 136(1977). Because the record indicates that Wyatt's guilty plea was
knowingly and voluntarily entered, Wyatt's conviction is AFFIRMED.
2