Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beebe v. United States

United States District Court, D. Hawaii

May 26, 2017

MARK K. BEEBE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. CV. No. 16-00388 DKW-KSC

          ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE

          Derrick K. Watson United States District Judge.

         On October 6, 2014, Petitioner Mark K. Beebe pled guilty, pursuant to a Plea Agreement, to knowingly and intentionally conspiring with three others “to distribute and to possess with intent to distribute, fifty (50) grams or more of methamphetamine, its salts, isomers and salts of its isomers.” See Mem. of Plea Agreement 1-2, ECF No. 55. Beebe was later sentenced to 87 months' imprisonment and 5 years of supervised release. Judgment 2-3, 5, ECF No. 108.

         Relying on 28 U.S.C. § 2255, Beebe now seeks to vacate his guilty plea and/or sentence, based on the alleged ineffective assistance of counsel. See Am. Mot. Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, ECF No. 147 [hereinafter Section 2255 Motion].

         After careful consideration of the instant motion, the briefs, the materials in the Record, and the relevant legal authority, Beebe's Section 2255 Motion is DENIED. The Court also DENIES a Certificate of Appealability.

         BACKGROUND

         I. Indictment And Guilty Plea

         On July 17, 2014, a Grand Jury returned an Indictment charging Beebe and three others with several drug-related felony offenses under Titles 18 and 21 of the United States Code. Indictment 1-2, ECF No. 2. The Magistrate Judge appointed Richard D. Gronna, Esq. on July 22, 2014 to represent Beebe throughout the proceedings. CJA 20 Appointment of & Authority to Pay Ct. Appointed Counsel, ECF No. 35.

         On October 6, 2014, the parties entered into a Plea Agreement (ECF No. 55). In that agreement, Beebe acknowledged that he fully understood-and had consulted with Mr. Gronna regarding-the charges against him and agreed to plead guilty to Count 1:

1. [Beebe] acknowledges that he has been charged in the Indictment with conspiring to distribute and possess with intent to distribute fifty (50) grams or more of methamphetamine, its salts, isomers and salts of its isomers, in violation of Title 21, [U.S.C.], Sections 846, 841(a)(1) and 841(b)(1)(A) (Count 1), and distributing fifty (50) grams or more of methamphetamine, its salts, isomers and salts of its isomers in violation of Title 21, [U.S.C.], Sections 841(a)(1) and 841(b)(1)(A) (Count 7).
2. [Beebe] has read the charges and allegations against him contained in the Indictment, and these charges and allegations have been fully explained to him by [Mr. Gronna]. In making his decision to plead guilty, [Beebe] has had the full opportunity to consult with [Mr. Gronna], and he is fully satisfied with the legal representation and advice he has received from [Mr. Gronna].
3. [Beebe] fully understands the nature and elements of the crimes with which he has been charged.
4. [Beebe] will enter a voluntary plea of guilty to Count 1 . . . of the Indictment. In exchange, the [Government] agrees to dismiss the remaining counts of the Indictment against the defendant at the time of sentencing.
. . . .
18. [Beebe] and his attorney acknowledge that no threats, promises, or representations have been made, nor agreement reached, other than those set forth in this Agreement, to induce [Beebe] to plead guilty.

         Plea Agreement ¶¶ 1-4, 18 (emphasis added). The agreement further states that Beebe “enters this plea because he is in fact guilty of the crimes charged against him” and reiterates that “this plea is voluntary and not the result of force or threats.” Plea Agreement ¶ 6. In the Plea Agreement, Beebe also acknowledged the potential penalties that he faced:

7. [Beebe] understands that the statutory penalty for the offense charged in Count 1 to which he is pleading guilty is a mandatory minimum term of imprisonment of ten (10) years, a statutory maximum term of imprisonment of life, a term of supervised release of not less than five (5) years and up to life, and a fine of up to $10, 000, 000, or both. See 21 U.S.C. § 841(b)(1)(A).

         Plea Agreement ¶ 7 (emphasis added). Beebe additionally agreed to waive his rights to appeal or to collaterally attack his sentence in most circumstances, except, as relevant here, to the extent he based such a challenge on a claim of ineffective assistance of counsel. Plea Agreement ¶ 13.

         Beebe's change-of-plea hearing occurred on October 6, 2014. See Tr. of Hr'g, Oct. 6, 2014, ECF No. 126 [hereinafter Tr. of COP Hr'g]. At the hearing, the Court confirmed that Beebe understood the “essential terms” of the Plea Agreement, including the penalties to which a guilty plea would expose him:

THE COURT: All right. Now, Mr. Loo [the Assistant United States Attorney (“AUSA”) representing the Government], what is the maximum penalty that the defendant faces for pleading guilty to Count 1?
MR. LOO: Yes, Your Honor, with respect to Count 1 of the indictment that offense is punishable by a mandatory minimum term of imprisonment of ten years; a statutory maximum term of imprisonment of life; a fine of up to $10 million; a term of supervised release of not less than five years and up to life; and a $100 special assessment.
THE COURT: All right. Mr. Gronna, do you agree with the potential penalties as articulated by AUSA Loo with regard to what your client faces for pleading guilty to Count 1?
MR. GRONNA: Yes.
THE COURT: All right. Mr. Beebe, do you understand the maximum penalty that you face for pleading guilty to Count 1 as well as the mandatory minimum?
THE DEFENDANT: Yes.

Tr. of COP Hr'g at 13-16 (emphasis added). Beebe further acknowledged that the Court would not be bound by the Plea Agreement or any other recommendation ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.