United States v. Edward Allen Moody

Moody pled guilty to violating 18 U.S. C. § 2312 (transportation in foreign commerce of a stolen motor vehicle) and was sentenced to an indeterminate term of up to six years under the Youth Correction Act ( 18 U.S.C. § 5010 (b)). Moody’s only contention on this appeal from an order denying his petition under 28 U.S.C. § 2255 is that his guilty plea was invalid because the trial court failed to advise him that he was subject to the provisions of the Youth Correction Act. We affirm.

When Moody decided to plead guilty the following colloquy occurred:

At the subsequent sentencing hearing the trial court, at that time aware of Moody’s true age, twenty-five, sentenced him under the Youth Correction Act. Moody’s true age was listed in the pre-sentence report. It was the regular practice of the trial court to advise defendants who were under twenty-six of the provisions of the Youth Correction Act, and here the court quite reasonably assumed that Moody had been given advice when he pled guilty. Several weeks elapsed between Moody’s plea of guilty and his sentencing hearing. The trial court cannot be expected to remember the details of each guilty plea.

We note that at the time Moody…