United States v. Faye Shilling

MEMORANDUM

Faye Shilling appeals her guilty plea and sentence for two counts of wire fraud in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not plainly err in accepting Shilling’s plea even though she later informed the U.S. Probation office that she had been diagnosed with paranoid schizophrenia in the late 1980s. There was no evidence before the district court that her guilty plea was not voluntary, or that she did not understand the rights she relinquished by pleading guilty and the consequences of doing so. See Fed R.Crim. P. 11(b). In response to the court’s questions, Shilling and her counsel told the court that she understood everything that was occurring and the consequences of pleading guilty. She stated that she agreed with the government’s offer of proof as to the facts underlying the charged offenses, and her attorney averred that Shilling was competent and had cooperated in her defense. “Statements made by a defendant during a guilty plea hearing carry a strong presumption of veracity in subsequent proceedings attacking the plea,” United States v. Ross, 511 F.3d 1233, 1236 (9th Cir.2008), and…