United States v. Thomas A. Owen & Jacqueline L. Owen, 858 F.2d 1514 (11th Cir. 1988). · Go Syfert
United States v. Thomas A. Owen & Jacqueline L. Owen, 858 F.2d 1514 (11th Cir. 1988). Cases Citing This Book View Copy Cite
51 citation events (44 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Johnathan Holt (ca6, 2024-09-09)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Johnathan Holt
6th Cir. · 2024 · confidence medium
United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 1988) (per curiam); see United States v. Rodriguez, 711 F.3d 928 , 939–40 (8th Cir. 2013); United States v. Chee, 514 F.3d 1106, 1115 (10th Cir. 2008).
discussed Cited as authority (rule) United States v. Mario Donate Lockhart
11th Cir. · 2018 · confidence medium
The rule, however, is triggered only by “clear and focused objections to specific factual allegations made in the report” rather than by “[v]ague assertions of inaccuracies in the report.” United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 1988) (discussing Fed.
cited Cited as authority (rule) United States v. Stephen Telemaque
11th Cir. · 2017 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516-17 (11th Cir. 1988).
cited Cited as authority (rule) United States v. Kennedy Fisher Riley
11th Cir. · 2016 · confidence medium
United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 1988).
discussed Cited as authority (rule) United States v. Stanley
11th Cir. · 2016 · confidence medium
“A defendant triggers [Rule 32(i)(3)(B)] only by challenging statements of fact that are in the presentencé report.” United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (discussing Rule 32(c)(3)(D), the predecessor to Rule 32(i)(3)(B)).
cited Cited as authority (rule) United States v. Corey Timmons
11th Cir. · 2015 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516-17 (11th Cir.1988) (per curiam).
cited Cited as authority (rule) United States v. Jeremy Bayne Lynch
11th Cir. · 2014 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988) (per curiam).
discussed Cited as authority (rule) United States v. Stan Rizor Jackson
11th Cir. · 2014 · confidence medium
United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (per curiam). 1 We have held that “challenges to the [PSR] must assert with specificity and clarity each factual mistake of which [the] defendant complains.” United States v. Aleman, 832 F.2d 142, 145 (11th Cir.1987).
cited Cited as authority (rule) United States v. Nelida Rodriguez
11th Cir. · 2014 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516-17 (11th Cir.1988).
cited Cited as authority (rule) United States v. Clifton Fidele Heard
11th Cir. · 2014 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988).
discussed Cited as authority (rule) United States v. Terrance Jarome Johnson
11th Cir. · 2013 · confidence medium
See Fed.R.Crim.P. 32(i)(8)(B) (requiring district court to either rule on disputed portions of the PSI or determine that a ruling is unnecessary); United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (explaining that the trial judge’s obligation under Rule 32 to make a fact finding is triggered by the defendant’s objection to the PSI).
discussed Cited as authority (rule) United States v. Rosales-Bruno
11th Cir. · 2012 · confidence medium
The government claims that Rosales-Bruno’s objection to the facts contained in Paragraph 30 of the PSR “was not made with the specificity and clarity required to raise a genuine dispute with those facts.” It is true that “vague assertions of inaccuracies” in the PSR are not enough to raise a factual dispute; and that “instead the defendant must make clear and focused objections to specific factual allegations made in the report.” United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (per curiam).
discussed Cited as authority (rule) United States v. Juvenal Orozco-Picazo (2×) also: Cited "see"
11th Cir. · 2010 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988).
cited Cited as authority (rule) United States v. Christopher Ross Lefever
11th Cir. · 2009 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988).
discussed Cited as authority (rule) United States v. Florentino Castenada-Palaez (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
“Vague assertions of inaccuracies in the report are insufficient; instead, the defendant must 2 make clear and focused objections to specific factual allegations made in the report.” United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 1988).
discussed Cited as authority (rule) United States v. Marc Eugene Noblitt
11th Cir. · 2008 · confidence medium
Vague assertions of inaccuracies in the report are insufficient; instead, the defendant must make clear and focused objections to specific factual allegations made in the report.” United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (citation omitted; emphasis added).
cited Cited as authority (rule) United States v. Jose Agustin Benitez
11th Cir. · 2007 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516-17 (11th Cir.1988) (per curiam).
discussed Cited as authority (rule) United States v. Arnold Sylvester Lindsay, Jr. (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (per curiam).
discussed Cited as authority (rule) United States v. Cecil Ray Frye, Jr.
11th Cir. · 2005 · confidence medium
United States v. Mikell, 102 F.3d 470, 474 (11th Cir.1996). "[W]e will not overturn a judge's decision to accept a guilty plea unless there has been an abuse of discretion." United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988).
discussed Cited as authority (rule) United States v. Cecil Ray Frye, Jr.
11th Cir. · 2005 · confidence medium
United States v. Mikell, 102 F.3d 470, 474 (11th Cir.1996). “[W]e will not overturn a judge’s decision to accept a guilty plea unless there has been an abuse of discretion.” United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988). *1127 III.
discussed Cited as authority (rule) United States v. Warren
M.D. Fla. · 1997 · confidence medium
As a threshold matter, the Court agrees with the defendant that, in order for a plea to be valid, “there must be evidence from which a court could reasonably find that the defendant was guilty-a factual basis for the plea.” United States v. Owen, 858 F.2d 1514, 1515 (11th Cir.1988).
cited Cited as authority (rule) United States v. Houser
11th Cir. · 1995 · confidence medium
United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988).
discussed Cited as authority (rule) State v. Stilling (2×)
Utah Ct. App. · 1993 · confidence medium
In Alford plea cases, however, when a defendant necessarily does not admit to all elements of the charged crimes, the record must be sufficient to satisfy the trial court and/or a reviewing court that the State's case is strong enough to warrant acceptance of the plea when guilt is not admitted by the defendant. [8] While the record as a whole need not be conclusive or uncontroverted on the question of guilt, "there must be evidence from which a court could reasonably find that the defendant was guilty — a factual basis for the plea." United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 198…
discussed Cited as authority (rule) United States v. Armando Lopez, Felix A. Beruvides, Ricardo Perez, United States of America v. Felix A. Beruvides (2×) also: Cited "see"
11th Cir. · 1990 · confidence medium
United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (per curiam); see Dayton, 604 F.2d at 938 (trial court’s satisfaction that plea had factual basis reviewed for abuse of discretion).
discussed Cited "see" United States v. Joshua Reshi Dudley
11th Cir. · 2021 · signal: see · confidence high
See United States v. Owen, 858 F.2d 1514 , 1516 n.2 (11th Cir. 1988); United States v. Musa, 946 F.2d 1297, 1302 (7th Cir. 1991). 43 USCA11 Case: 19-10267 Date Filed: 07/22/2021 Page: 44 of 58 perhaps the argument goes that because unconfirmed plea transcripts are Shepard- approved, it follows a fortiori that implicitly confirmed plea transcripts are Shepard-approved.
cited Cited "see" United States v. John Christopher Dobbs
11th Cir. · 2020 · signal: see · confidence high
See United States v. Owen, 858 F.2d 1514, 1517 (11th Cir. 1988) (discussing Fed.
cited Cited "see" United States v. Rico McKenzie
11th Cir. · 2016 · signal: see · confidence high
See United States v. Owen, 858 F.2d 1514, 1516 (11th Cir. 1988) (per curiam).
cited Cited "see" United States v. Mark James Williams
11th Cir. · 2014 · signal: see · confidence high
See United States v. Owen, 858 F.2d 1514, 1517 (11th Cir.1988) (discussing Rule 32(c)(3)(D), the predecessor to Rule 32(i)(3)(B)).
discussed Cited "see, e.g." United States v. Lauro Puentes-Hurtado
11th Cir. · 2015 · signal: compare · confidence medium
Compare, e.g., United States v. Johnson, 89 F.3d 778, 784 (11th Cir.1996) (citing Fairchild and holding that a claim that “there was no factual basis” was barred by the defendant’s guilty plea), with, e.g., United States v. Owen, 858 F.2d 1514, 1516 (11th Cir.1988) (rejecting, on the merits, a claim that there was an insuf *1287 ficient factual basis for a guilty plea), and United States v. Camacho, 233 F.3d 1308 , 1317 (11th Cir.2000) (same).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Thomas A. OWEN and Jacqueline L. Owen, Defendants-Appellants
87-3793.
Court of Appeals for the Eleventh Circuit.
Oct 28, 1988.
858 F.2d 1514
1988 U.S. App. LEXIS 14584
1988 WL 105356
Robert Augustus Harper, Jr., Tallahassee, Fla., for defendants-appellants., Gary R. Allen, Chief, William S. Rose, Jr., Gail Brodfuehrer, Robert E. Lindsay, Asst. Attys. Gen., Tax Div., Dept, of Justice, Washington, D.C., for plaintiff-appel-lee.
Fay, Vance, Cox.
Cited by 38 opinions  |  Published
PER CURIAM:

Defendants Thomas and Jacqueline Owen pled guilty to various counts of tax fraud and were sentenced accordingly by the federal district court. Now they appeal their sentences. First, they allege that the court violated Fed.R.Crim.P. 11 by accepting their guilty pleas although there was an insufficient factual basis for those pleas. Second, they contend that the court violated Fed.R.Crim.P. 32(c)(3)(D) during the sentencing hearing. We affirm.

The government was prepared to establish the following:

In January of 1976, defendants opened a Slender World Weight loss clinic in Ross-ville, Georgia. Their partner in this venture was Jan Lane, the owner of the Slender World chain. The business was successful, and the defendants, with Lane as their partner, subsequently opened four additional Slender World clinics.

During the years in question, 1976-1981, the clinics generated a substantial profit. In 1976, however, Thomas Owen informed his accountant, Ronnie Clark, that he did not wish to pay any income taxes on these profits. Clark helped Owen set up a shell corporation, Weigh Less for Life (“Weigh Less”), which then received a great percentage of the Owenses’ partnership profits. Although the Owenses used the money deposited in the accounts of the shell corporations to pay for their home and for other personal items, they did not report the money as income in their tax statements. Thus, over the years, there was a substantial disparity between the amount of income reported and the amount actually received by the Owenses.

In 1987, the United States government charged the defendants with conspiracy to defraud the United States (Count 1), attempting to evade income taxes (Counts 2 and 4), and making and subscribing a false tax form (Counts 3 and 5). The defendants entered not guilty pleas on all counts at their arraignment on June 18, 1987. On September 4, however, Thomas Owen changed his plea to guilty on Counts 1 and 4, and Jacqueline Owen changed her plea to guilty on Count 5. On November 6, 1987, the district court held a sentencing hearing. The court sentenced Jacqueline Owen to three years imprisonment, but immediately suspended execution of the sentence and imposed a five year probationary period. In addition, the court fined her $50,000 and ordered her to serve 500 hours of community service. Finally, the court required Jacqueline Owen to keep accurate tax records and to inform the probation office of all of her business activities. Thomas Owen received a four year jail sentence and a $10,-000 fine on Count One. The court sentenced him to five years probation [1] and fined him $100,000 and the cost of prosecu[*1516] tion on Count 4. After making a series of other motions, the defendants’ attorney filed this appeal.

Rule 11 Claim

The defendants argue that their pleas should have been rejected because they have no factual basis. We find that their argument has no merit.

Rule 11(f) of the Federal Rules of Criminal Procedure requires that a court “satisfy itself that there is a factual basis for [a guilty] plea” before accepting that plea and entering judgment on it. The purpose of this rule is to help ensure that the plea agreement process was a fair one. Santobello v. New York, 404 U.S. 257, 261, 92 S.Ct. 495, 498, 30 L.Ed.2d 427 (1971). In determining whether there was a sufficient factual basis for the guilty plea, we must consider whether the trial judge was subjectively satisfied with the basis for the plea. Consequently, we will not overturn a judge’s decision to accept a guilty plea unless there has been an abuse of discretion. United States v. Ammirato, 670 F.2d 552, 555 (5th Cir. Unit B 1982). [2]

The defendants’ major contention is that they lacked wilfulness, an element of the crimes at issue. However, there was ample evidence from which the trial judge could have found that the Owenses had the requisite intent to commit the offenses in question. The evidence shows that the Ow-enses had set up a shell corporation, Weigh Less, into which they deposited a good deal of their profits from Slender World; that they used Weigh Less money to purchase personal items; and that they paid no taxes on the Weigh Less money. Mrs. Owens, as secretary of Weigh Less, signed the checks that were used to purchase these personal items. The government also had materials showing that Dr. Owens bragged about the small amount of money he had to pay each year in taxes. The deposition of Ronnie Clark, the defendants’ accountant, indicates that Dr. Owens understood that he was hiding the profits from Slender World from his creditors, including the IRS. Finally, when they entered their guilty pleas, the Owenses conceded that the information contained in the charges were “essentially correct.”

To try to show that there is no factual basis for the plea, the defendants present evidence which throws doubt on Clark’s credibility. Further, they allege that the defendants did not understand that their actions were illegal. We assume for the sake of their argument that a reasonable fact finder might accept their arguments and, after a full trial, rule in their behalf. There is no requirement, however, that there be uncontroverted evidence of[*1517] guilt. Instead, there must be evidence from which a court could reasonably find that the defendant was guilty — a factual basis for the plea. There is sufficient evidence here to satisfy this standard; thus, it was not an abuse of discretion for the trial judge to accept the guilty plea.

Rule 32(c)(3)(D) Claim

The defendants also challenge the sentencing process. They argue that the trial judge did not comply with Rule 32(c)(3)(D) of the Federal Rules of Criminal Procedure. That rule exists to protect a defendant’s right to a fair sentencing procedure, and to “provide a clear record of the disposition and resolution of controverted facts in the presentence report.” United States v. Eschweiler, 782 F.2d 1385, 1387 (7th Cir.1986). Whenever the defendant alleges that there is a factual inaccuracy in the presentence report, the trial judge must either make a finding regarding the inaccuracy or make a finding that the particular fact at issue will not be considered in the sentencing process. United States v. Rogers, 848 F.2d 166, 169 (11th Cir.1988) (per curiam). A defendant triggers this rule only by challenging statements of fact that are in the presentence report. United States v. Aleman, 832 F.2d 142, 145 (11th Cir.1987). Vague assertions of inaccuracies in the report are insufficient; instead, the defendant must make clear and focused objections to specific factual allegations made in the report. Id.

The defendants’ Rule 32(c)(3)(D) challenge essentially reiterates their Rule 11 claim in the context of the sentencing phase. Rule 32(c)(3)(D), however, is designed to deal with factual inconsistencies made in the presentence report and used by the judge in determining what sentence to impose. It is not intended to apply to the guilt/innocence determination. Once a court finds that there is a sufficient factual basis for the plea, it need not make the same findings again at the sentencing phase. Therefore, Rule 32(c)(3)(D) was not triggered by the defendants’ claim that they were not guilty of the crimes. [3]

Conclusion

We affirm the sentences in all respects. AFFIRMED.

1

. The trial judge sentenced him to five years in jail, but immediately suspended the sentence.

2

. Decisions of Unit B of the former Fifth Circuit are binding precedent in this circuit. Stein v. Reynolds Securities, Inc., 667 F.2d 33, 34 (11th Cir.1982).

In their initial briefs, the defendants allege that they pled guilty despite their innocence because they believed that they would be found guilty after a full trial. In their reply brief, they make a contrary assertion.

Their initial contention is analogous to that of the defendant in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). In Alford, the defendant had been accused of first degree murder and faced the possibility of the death sentence. Therefore, because otherwise "they would gas me for [first degree murder]," id. at 28 n. 2, 91 S.Ct. at 163, n. 2, Alford pled guilty to second degree murder. All the while, he declared that he was innocent. Later, he challenged the trial judge’s conduct in accepting the plea under those circumstances.

The Supreme Court found no significant difference between Alford's situation and that of a defendant who pleads nolo contendere, waiving trial and accepting a sentence without expressly admitting his guilt. The Supreme Court found that a trial judge may accept either type of plea so long as certain safeguards exist to guarantee that the plea agreement process was a fair one. The Supreme Court found that the safeguards had been adhered to in Alford’s case and upheld the plea.

Alford stands for the proposition that the precautions set forth in case law and in legislation are sufficient to protect a defendant who enters a guilty plea, regardless of whether that defendant admits to committing the crimes. Even if the Owenses did not declare that they were innocent when they entered their pleas, the court had to satisfy itself that the plea was voluntary and knowing, and that it had a sufficient factual basis. We find that the court fulfilled its obligations in this respect. Therefore, it is not necessary to consider whether defendants articulated their protestations of innocence when entering their guilty pleas or later in the judicial process.

3

. The other asserted inconsistencies were either alleged so vaguely that they do not warrant discussion, or were adequately addressed by the trial judge at the sentencing proceeding.