PER CURIAM.
In this consolidated appeal, co-conspirators Benoit Placide and Lukner Blanc appeal their convictions for conspiracy to steal government funds, wire fraud, aggravated identity theft, and (only for Blanc) for stealing government funds. Briefly stated, Defendants were involved in a conspiracy which sought to file fraudulent tax returns using stolen identities. No reversible error has been shown; we affirm.
Placide and Blanc both contend that the district court abused its discretion in rejecting their guilty pleas. We review for abuse of discretion a district court's decision to reject a guilty plea.
About the district court's refusal to accept Placide's guilty plea, we see no abuse of discretion. At the plea hearing, Placide sought to enter an
At the plea hearing, Placide testified that he "lost" his debit card and that he was unaware that the purpose of the conspiracy was to obtain stolen funds. Placide also denied that he helped to file false tax returns, that he allowed intentionally his co-conspirators to deposit stolen money into his bank account, and that he knew the money in his account was stolen. In the light of Placide's testimony — and the severity of the charges Placide faced — the district court was not sufficiently satisfied that Placide had in fact admitted guilt to the charged offenses. We have said that "when a defendant casts doubts upon the validity of his guilty plea by protesting his innocence or by making exculpatory statements, the court may resolve such doubts against the plea."
The district court also abused no discretion in rejecting Blanc's guilty plea. At the plea hearing, Blanc said he wished to plead guilty to the charged offenses. But Blanc refused to admit the facts set forth in the government's proffer. Upon further discussion, Blanc admitted that some of the government's proffer was accurate, but denied flatly that he had committed the conduct underlying three of the charges against him. Because Blanc's testimony cast serious doubt upon the validity of his guilty plea, the district court acted within its discretion in refusing to accept the plea.
Blanc next challenges the district court's denial of his motion to sever (pursuant to Fed. R. Crim. P. 14) his trial from that of Placide. Blanc contends that severance was warranted because he and Placide had antagonistic, mutually exclusive defenses.
We review for abuse of discretion a district court's denial of a motion to sever.
To demonstrate that severance was warranted, Blanc bears the "heavy burden" of demonstrating both (1) that he was prejudiced by the joint trial and (2) that severance was the only proper way to remedy that prejudice.
As a general rule, defendants who are indicted together — as Blanc and Placide were in this case — are also tried together, particularly in conspiracy cases.
We rejected a similar argument in
Blanc has failed to demonstrate sufficiently either that he suffered prejudice as a result of the joint trial or that severance was the only proper remedy. The district court abused no discretion in denying Blanc's motion to sever.
Blanc next challenges the district court's refusal to dismiss the entire panel of prospective jurors based on comments made during voir dire by one prospective juror. In particular, Juror 4 — a retired corrections officer — commented that the defendants looked familiar to him.
We review for manifest abuse of discretion the district court's decision about whether to strike a jury panel.
To prevail on appeal, Blanc must show that Juror 4 exhibited "actual bias."
After Juror 4 commented that the defendants looked familiar and that the last name "La Blanc" sounded familiar to him, Juror 4 said that he knew nothing about the defendants. Juror 4 also said that he believed he could be a fair juror. Then — outside the presence of the venire — the district court and the lawyers questioned Juror 4 further. During questioning, Juror 4 said that his past as a corrections officer would not affect his ability to judge the evidence, that he was certain he did not recognize the defendants from his work as a corrections officer, and that he thought he could be a fair and impartial juror.
Both defendants challenged Juror 4 for cause, which was denied.
In the light of Juror 4's responses to questioning, Juror 4's insistence that he could be a fair and impartial juror, and the district court's curative instruction, Blanc has shown no actual bias. The district court abused no discretion in failing to strike the entire jury panel or to grant a mistrial.
AFFIRMED.