United States of America v. George Laloudakis

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4500
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GEORGE LALOUDAKIS,
Defendant – Appellant,
and
BALTIMORE COUNTY POLICE DEPARTMENT,
Respondent.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, District Judge.
(1:09-cr-00608-BEL-5)
Submitted: January 31, 2012 Decided: February 16, 2012
Before MOTZ, DUNCAN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marta K. Kahn, THE LAW OFFICE OF MARTA K. KAHN, LLC, Baltimore,
Maryland, for Appellant. Rod J. Rosenstein, United States
Attorney, Debra L. Dwyer, Assistant United States Attorney,
Baltimore, Maryland, for Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
George Laloudakis pleaded guilty to conspiracy to
obstruct interstate commerce through robbery, in violation of 18
U.S.C. § 1951 (2006); and use of a firearm in relation to a
crime of violence and aiding and abetting, in violation of 18
U.S.C. §§ 2, 924(c) (2006). The district court sentenced
Laloudakis to a total of 117 months of imprisonment and he now
appeals. For the reasons that follow, we affirm.
On appeal, Laloudakis argues that his guilty plea was
not knowing and voluntary because the district court failed to
fully explain the nature of the charges against him, failed to
inform him of the statutory maximum sentences, and erred in
accepting the stipulated statement of facts as a sufficient
factual basis for the firearm offense. Prior to accepting a
guilty plea, a trial court, through colloquy with the defendant,
must inform the defendant of, and determine that he understands,
the nature of the charges to which the plea is offered, any
mandatory minimum penalty, the maximum possible penalty he
faces, and the various rights he is relinquishing by pleading
guilty. Fed. R. Crim. P. 11(b). The court also must determine
that there is an adequate factual basis for the plea. Id.;
United States v. DeFusco, 949 F.2d 114, 120 (4th Cir. 1991).
The purpose of the Rule 11 colloquy is to ensure that the plea

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of guilt is entered into knowingly and voluntarily. See United
States v. Vonn, 535 U.S. 55, 58 (2002).
Because Laloudakis did not move in the district court
to withdraw his guilty plea, any error in the Rule 11 hearing is
reviewed for plain error. United States v. Martinez, 277 F.3d
517, 525 (4th Cir. 2002). “To establish plain error,
[Laloudakis] must show that an error occurred, that the error
was plain, and that the error affected his substantial rights.”
United States v. Muhammad, 478 F.3d 247, 249 (4th Cir. 2007).
“In the Rule 11 context, this means that [Laloudakis] must show
a reasonable probability that, but for the error, he would not
have entered the plea.” United States v. Massenburg, 564 F.3d
337, 343 (4th Cir. 2009) (internal quotation marks and citation
omitted). Moreover, even if Laloudakis satisfies these
requirements “correction of the error remains within our
discretion, which we should not exercise . . . unless the error
seriously affect[s] the fairness, integrity or public reputation
of judicial proceedings.” Muhammad, 478 F.3d at 249 (internal
quotation marks and citation omitted). We have thoroughly
reviewed the record and conclude that the district court did not
commit plain error in conducting the Rule 11 colloquy, and
Laloudakis’ guilty plea was knowing and voluntary.
Accordingly, we affirm the judgment of the district
court. Because Laloudakis is represented by counsel, we deny

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his motion to file a pro se supplemental brief.* We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid in the decisional process.
AFFIRMED
* Even were we to grant the motion to file a pro se
supplemental brief, our review of the proposed brief persuades
us that Laloudakis fails to articulate claims that would warrant
relief.

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