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Brown: Plea Voluntary Even If Court does not explain essential elements of the offense

By Tim Cone

In U.S. v. Brown, No. 05-16128 (April 29, 2008), the Court affirmed the conviction and 235 month sentence of a defendant convicted of enticing a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b).Reviewing the issue for plain error, the Court rejected the argument that Brown?s plea was involuntary because the district court did not explain the elements of the offense. The Court noted that the omission, while "not ideal," was not plain error, since the elements of the offense were not difficult to understand from the indictment and the factual description of his conduct. The Court recognized that a less than full explanation of the elements of the offense could impair a defendant?s understanding of possible defenses, and thereby undermine the voluntariness of his plea (an understanding of possible defenses being, the Court appeared to assume, just as essential to the nature of the offense as the elements that constitute it)...continue to full post

Full post as published by Defense Newsletter Blog on May 01, 2008 (boomark / email).