United States v. Mason

MEMORANDUM *

Victor Donell Mason reprogrammed and sold access cards that permit individuals to view Direct TV programming without Direct TVs consent. After selling access cards to private investigators hired by Direct TV, Mason was arrested and convicted under 47 U.S.C. § 605 (e)(4). He attended a change of plea hearing and the district court accepted his guilty plea, but on appeal Mason claims that his conviction should be vacated because he did not personally enter the guilty plea. Mason further claims that the district court violated Rule 11 by failing to advise him of his right to a jury trial. Finally, Mason challenges his sentence. We affirm.

First, the district court did not violate Rule 11 by failing to elicit from Mason the precise words “I plead guilty.” Mason answered “yes” when the court asked him if he understood what he was doing and if he was “pleading guilty freely and voluntarily.” He answered “no” when the court asked him if he had been forced to “plead guilty.” He also admitted that he committed the crime. Mason did not express any reluctance or confusion about his guilty plea. Under these circumstances, Rule 11 did not require the district court to ask Mason…