United States of America v. Anthony J. Marino

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-4087
UNITED STATES OF AMERICA
v.
ANTHONY J. MARINO,
Appellant
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
(D.C. Crim. No. 00-cr-00239-01 )
District Judge: Honorable A. Richard Caputo
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Submitted Under Third Circuit L.A.R. 34.1(a)
September 10, 2002
Before: NYGAARD, ROTH, and WEIS, Circuit Judges.
Filed September 17, 2002
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OPINION
WEIS, Circuit Judge.
Defendant pleaded guilty to one count of conspiracy to distribute more than
100 kilograms of marijuana, in violation of 21 U.S.C. 846. The district judge sentenced
him to 76 months incarceration and supervised release, and fined him in the amount of
$2,500. The only issue on appeal is whether the district judge erred in failing to ask
defendant during the guilty plea colloquy if his plea was the result of force or threats.
Because this issue was not raised in the District Court, we review for plain
error. We have carefully read the plea colloquy, as well as the plea agreement itself.
Defendant’s signed statement, appended to the plea agreement, states that "No promise,
threats or any other inducements of any kind have been made to me in regard to my plea
of guilty, apart from the plea agreement. I am entering into this plea voluntarily. . . ."
In addition, during the plea colloquy, the district judge asked, "Now, has
anyone, anyone, made any kind of a promise to you, other than anything that’s in the plea
agreement by the Government, in order to encourage you to plead guilty or induce you to
plead guilty?" The defendant responded, "No."
Our reading of the record in this case persuades us that the district judge
properly concluded that defendant freely and voluntarily entered into the guilty plea.
Under the plain error standard of review, the conviction is valid. See United States v.
Akinsola, 105 F.3d 331 (7th Cir. 1997); United States v. Cross, 57 F.3d 588 (7th Cir.
1995).
Accordingly, the judgment of the District Court will be affirmed.
______________________________
TO THE CLERK:
Please file the foregoing Opinion.

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/S/ Joseph F. Weis, Jr.
United States Circuit Judg

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