United States v. Michael Jenkins

MEMORANDUM

Michael Jenkins pleaded guilty to a massive wire fraud. His counseled plea agree ment contained an appeal waiver, a waiver which excepted “non-waivable claims of ineffective assistance of counsel.”

He appeals, asserting first that the district court’s denial of his motion to withdraw his plea including the appeal waiver constituted error. He does so on two grounds.

First, Jenkins argues that because he suffered a concussion during an automobile accident on June 29, 2010, he was incompetent to enter a plea of guilty on July 28, 2010. The district court determined to the contrary. The court based its finding on the full and complete plea colloquy it personally conducted at the time of the plea. The court said in rejecting Jenkins’s motion that the court had “determined during the plea proceeding [that] defendant Michael Jenkins knew the consequences of entering into the plea agreement with the Government and was fully competent at the time.” We have carefully examined the transcript of the plea proceedings and conclude that the district court’s findings are fully supported by it. During the colloquy, Jenkins actively disclaimed any mental or physical problems or…