Filed: Jul. 09, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4618 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEBORAH GAIL FROCK, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:09-cr-00093-WDQ-1) Submitted: June 29, 2010 Decided: July 9, 2010 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed and remanded by unpublished per curiam opinion. Michael D. Montemara
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4618 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEBORAH GAIL FROCK, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:09-cr-00093-WDQ-1) Submitted: June 29, 2010 Decided: July 9, 2010 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed and remanded by unpublished per curiam opinion. Michael D. Montemaran..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4618
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEBORAH GAIL FROCK,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:09-cr-00093-WDQ-1)
Submitted: June 29, 2010 Decided: July 9, 2010
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Affirmed and remanded by unpublished per curiam opinion.
Michael D. Montemarano, MICHAEL D. MONTEMARANO, P.A., Elkridge,
Maryland, for Appellant. Rachel Miller Yasser, OFFICE OF THE
UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Deborah Gail Frock pled guilty to one count of sex
trafficking a minor, in violation of 18 U.S.C.A. § 1591(a),
(b)(2) (West Supp. 2010). Her counsel has filed a brief under
Anders v. California,
386 U.S. 738 (1967) asserting there are no
meritorious arguments for appeal but raising for the court’s
consideration whether the district court abused its discretion
denying the motion to withdraw the guilty plea. Frock
submitted a pro se supplemental brief in which she claims her
actual innocence, that her plea was unjust and that the agreed
upon sentence was not imposed. The Government did not file a
brief. Finding no reversible error, we affirm the conviction
and sentence. We remand for the purpose of correcting a
clerical error in the judgment. See Fed. R. Crim. P. 36.
This court reviews for an abuse of discretion the
district court’s denial of the motion to withdraw the guilty
plea. United States v. Ubakanma,
215 F.3d 421, 424 (4th Cir.
2000). A defendant bears the burden of demonstrating to the
district court’s satisfaction that a “fair and just reason”
supports his request to withdraw. Fed. R. Crim. P. 11(h). We
find Frock did not provide a fair and just reason to withdraw
her plea. Her claims that she was actually innocent of the
offense and that she was pressured or coerced into pleading
guilty were without factual support.
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We further find Frock’s guilty plea was knowing and
voluntary. Insofar as the district court did not state the
proper maximum term of supervised release or inform Frock of the
conditions of supervised release or the consequences if she were
to violate its terms, we find there was no plain error because
Frock’s substantial rights were not violated. See United
States v. Muhammad,
478 F.3d 247, 249 (4th Cir. 2007). The plea
agreement stated the correct maximum term of supervised release
and the consequences if she failed to follow the conditions.
Accordingly, we affirm Frock’s conviction.
Frock’s claim that her sentence was not consistent
with the terms of the plea agreement is without merit. She was
sentenced to the agreed upon ten year statutory minimum
sentence. We further note that according to the plea agreement,
the sentencing court was left with the discretion to impose any
lawful term of supervised release. There is nothing in the
record to support her claim that she was pressured or coerced
into pleading guilty. We thus find no error with the sentence.
In accordance with Anders, we have reviewed the entire
record in this case and have found no meritorious issues for
appeal. Accordingly, we affirm the judgment of the district
court. We deny Frock’s motion to withdraw the Anders brief. We
note, however, that the judgment reflects Frock pled guilty to
18 U.S.C. § 2251(a). Frock pled guilty to the superseding
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information charging her with a violation of 18 U.S.C.
§ 1591(a), (b)(2). We remand for the purpose of correcting the
clerical error. See Fed. R. Crim. P. 36. This court requires
counsel to inform his client, in writing, of her right to
petition the Supreme Court of the United States for further
review. If the client requests a petition be filed, but counsel
believes such a petition would be frivolous, then counsel may
move this court for leave to withdraw from representation.
Counsel’s motion must state that a copy thereof was served on
the client. 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 the decisional
process.
AFFIRMED AND REMANDED
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