United States v. Albert O'Neal Scott

Albert O’Neal Scott pled guilty to one count of a superseding information upon condition that he be allowed to appeal the district court’s denial of his motion to dismiss the indictment the information replaced as insufficient. We affirm.

I.

While incarcerated in a Nevada state jail, Scott mailed a letter to Harry Reid, United States Senator from Nevada. The letter threatened that if Reid did not persuade the Clark County, Nevada district attorney to dismiss 21 felony counts pending against Scott, Scott would reveal to various governmental and private organizations details of a scheme in which Reid allegedly swindled $200,000 from a third party. The letter was signed “Albert O’Neal Scott” and gave the Clark County jail as the return address.

Scott confessed authorship of the letter to a federal agent and was indicted on the felony charge of mailing a threatening communication in violation of 18 U.S.C. § 876 . Scott plead not guilty and moved to dismiss, alleging the indictment failed to inform him of the charge against him. The district court denied the motion. Scott and the government then negotiated a conditional plea agreement. Under the agreement the government dismissed…

dissenting:

Scott was indicted on one felony count of blackmail in violation of 18 U.S.C. § 876 . His motion to dismiss the indictment was denied by the district court. The government then filed an information charging Scott with blackmail in violation of 18 U.S.C. § 873 , a misdemeanor. Scott then entered a conditional guilty plea pursuant to Fed.R.Crim.P. 11(a)(2) and pleaded guilty to the misdemeanor charged in the information. Under the terms of the plea agreement, the government dismissed the indictment, and Scott was given the right to appeal from the district court’s order denying his motion to dismiss the indictment. Scott now wishes to challenge the district court’s denial of his motion to dismiss the indictment.

However, Scott cannot appeal the denial of his motion to dismiss the indictment because, after the dismissal of the indictment, the issue of its sufficiency is moot. See Aguirre v. S.S. Sohio Intrepid, 801 F.2d 1185, 1189 (9th Cir.1986). Scott, who was in pro per when he entered a conditional guilty plea, evidently believed that he could appeal the denial of his motion to dismiss the indictment following his guilty plea to the information. The government and…

884 F.2d 1163 UNITED STATES of America, Plaintiff-Appellee, v. Albert O'Neal SCOTT, Defendant-Appellant. No. 87-1354. United States Court of Appeals, Ninth Circuit. Submitted June 27, 1989 * . Decided Sept. 1, 1989. Albert O'Neal Scott, Jean, Nev., pro se. Paul E. Wommer, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee. Appeal from the United States District Court for the District of Nevada. Before BROWNING, PREGERSON and THOMPSON, Circuit Judges. PER CURIAM: 1 Albert O'Neal Scott pled guilty to one count of a superseding information upon condition that he be allowed to appeal the district court's denial of his motion to dismiss the indictment the information replaced as insufficient. We affirm. I. 2 While incarcerated in a Nevada state jail, Scott mailed a letter to Harry Reid, United States Senator from Nevada. The letter threatened that if Reid did not persuade the Clark County, Nevada district attorney to dismiss 21 felony counts pending against Scott, Scott would reveal to various governmental and private organizations details of a scheme in which Reid allegedly swindled $200,000 from a third party. The letter was signed "Albert O'Neal Scott" and gave the Clark…