United States v. Daughenbaugh, 549 F.3d 1010 (5th Cir. 2008). · Go Syfert
United States v. Daughenbaugh, 549 F.3d 1010 (5th Cir. 2008). Cases Citing This Book View Copy Cite
40 citation events (40 in the last 25 years) across 8 distinct courts.
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At page 1012 Waiver of prior defects by voluntary guilty plea31 citing cases“it is well-settled that when a defendant enters a voluntary and unconditional guilty plea, the plea has the effect of waiving all nonjurisdictional defects in the prior proceedings.”3 citing courts quote it · 28 listed here
  • Carino v. Tennessee State of, No. 2:18-cv-00007 (M.D. Tenn. Sept. 30, 2019).
    (Daughenbaugh asserts that because he had not been indicted and did not knowingly and voluntarily waive his right to grand jury indictment, the district court plainly erred in accepting his guilty plea. This argument, h…)
  • Cook v. Bickham, No. 2:23-cv-06460 (E.D. La. Apr. 30, 2024).
    (holding that federal habeas petitioner’s challenge to alleged pre-guilty plea defect was not cognizable and noting that defendant did not challenge whether his plea was knowingly, voluntarily, and intelligently entered)
  • United States v. Medel-Guadalupe, 987 F.3d 424 (5th Cir. 2021).published
    Medel-Guadalupe agreed to the factual basis of the plea and was consistently advised that he faced a ten-year maximum sentence. 5 “It is well-settled that when a defendant enters a voluntary and unconditional guilty plea, the plea has the…
  • Favors v. United States, No. 4:18-cv-00669 (N.D. Tex. Dec. 11, 2020).
    United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Luis Medel-Guadalupe, 979 F.3d 1019 (5th Cir. 2020).published 2 cites
    Finally, Medel-Guadalupe makes no argument as to why the court should exercise its discretion to correct this error and we decline to do so when the record indicates that he 5 No. 19-40901 “It is well-settled that when a defendant enters a…
  • Johnson v. Lee, No. 2:19-cv-00012 (M.D. Tenn. Aug. 15, 2019).
    (Daughenbaugh asserts that because he had not been indicted and did not knowingly and voluntarily waive his right to grand jury indictment, the district court plainly erred in accepting his guilty plea. This argument, 2…)
  • Schenck v. United States, No. 4:19-cv-00229 (N.D. Tex. June 28, 2019).
    United States v. Daughenbaugh, 549 F.3d 1010, 1012 (Sth Cir. 2008); Matthew v. Johnson, 201 F.3d 353, 361-62 (5th Cir. 2000) .* In his second ground, movant asserts that he received ineffective assistance of counsel at trial.
  • United States v. Hardee, No. ACM S32360 (A.F.C.C.A. Apr. 17, 2017).unpublished
    United States v. Joseph, 11 M.J. 333, 335 (C.M.A. 1981); United States v. Lopez, 42 C.M.R. 268, 270 (1970); United States v. Rehorn, 26 C.M.R. 267 , 268–69 (1958); United States v. Daughen- baugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Manuel Minjarez, 667 F. App'x 144 (5th Cir. 2016).unpublished
    United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Scott Sherman, 817 F.3d 224 (5th Cir. 2016).published
    See United States v. Cotton, 535 U.S. 625, 630-31 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002); United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir.2008).
Show 18 more citing cases
  • United States v. Timothy Scott, 619 F. App'x 371 (5th Cir. 2015).unpublished
    See United States v. Scruggs, 714 F.3d 258, 261-62 (5th Cir.2013); United States v. Daughenbaugh, 549 F.3d 1010, 1012-13 (5th Cir.2008); United States v. Cothran, 302 F.3d 279, 286 (5th Cir.2002).
  • United States v. Marco Perez-Santizo, 534 F. App'x 267 (5th Cir. 2013).unpublished 2 cites
    Perez-Santizo first seeks to appeal the denial of his motion to dismiss the indictment on the ground that the underlying deportation order was invalid. “[W]hen a defendant enters a voluntary and unconditional guilty plea, the plea has the…
  • United States v. Richard Scruggs, 714 F.3d 258 (5th Cir. 2013).published 2 cites
    Scruggs understandably leads off with this assertion because subject matter jurisdiction “can never be forfeited or waived.”8 This contention is no more successful now, 4 E.g., United States v. Edwards, 442 F.3d 258, 264 (5th Cir. 2006). 5…
  • United States v. James Walker, Jr., 470 F. App'x 357 (5th Cir. 2012).unpublished 2 cites
    United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir.2008) (internal quotation *358 marks omitted).
  • United States v. Leobardo Villarreal, 376 F. App'x 467 (5th Cir. 2010).unpublished
    (explaining that a guilty plea waives all nonjurisdictional defects in the prior proceedings)
  • United States v. Bradley, 68 M.J. 279 (C.A.A.F. 2010).published 2 cites
    United States v. Joseph, 11 M.J. 333, 335 (C.M.A. 1981); United States v. Lopez, 20 C.M.A. 76, 78 , 42 C.M.R. 268, 270 (1970); United States v. Rehorn, 9 C.M.A. 487, 488-89 , 26 C.M.R. 267, 268-69 (1958); United States v. Daughenbaugh, 549…
  • United States v. Daughtry, No. 22-40764 (5th Cir. Aug. 16, 2023).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Campbell, No. 22-40607 (5th Cir. July 17, 2023).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • Mallet v. United States, No. 3:20-cv-03313 (N.D. Tex. Apr. 25, 2022).
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Arnoldo Martinez-Guerra, No. 19-40387 (5th Cir. Oct. 15, 2020).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012-13 (5th Cir. 2008); see also United States v. Lim, 897 F.3d 673, 679-80 (5th Cir. 2018).
  • Johnson v. Davis, No. 4:17-cv-00057 (S.D. Tex. Mar. 4, 2020).
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (Sth Cir. 2008); Gardner v. Wainwright, 433 F.2d 137 , 139 (Sth Cir. 1970) (citations omitted); see also Tollett v. '6 Docket Entry No. 18-3, at 15-16.
  • United States v. Tyrone Johnson, No. 19-10023 (5th Cir. Oct. 22, 2019).unpublished
    See Class v. United States, 138 S. Ct. 798, 804-05 (2018); United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008); see also United States v. Cotton, 535 U.S. 625 (2002) (holding that the failure of an indictment to allege an el…
  • United States v. Jesus Trevino, No. 17-51062 (5th Cir. Apr. 4, 2019).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Eduardo Segoviano-Briseno, No. 18-40243 (5th Cir. Dec. 27, 2018).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012-13 (5th Cir. 2008).
  • United States v. Jose Pequeno-Garcia, 669 F. App'x 283 (5th Cir. 2016).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir. 2008).
  • United States v. Deangelo Smith, 598 F. App'x 219 (5th Cir. 2014).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir.2008). "[D]efects in an indictment do not deprive a court of its power to adjudicate a case." United States v. Cotton, 535 U.S. 625, 630 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (20…
  • United States v. Marc Williams, 577 F. App'x 379 (5th Cir. 2014).unpublished
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012 (5th Cir.2008); see United States v. Cotton, 535 U.S. 625, 630-31 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002).
  • United States v. Banda-Collazo, 378 F. App'x 425 (5th Cir. 2010).unpublished 2 cites
    See United States v. Daughenbaugh, 549 F.3d 1010, 1012-13 (5th Cir.2008).
At page 1011 cited at this page2 citing cases
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Edward Lee DAUGHENBAUGH, Defendant-Appellant
08-30254.
Court of Appeals for the Fifth Circuit.
Nov 19, 2008.
Published opinion
549 F.3d 1010
2008 U.S. App. LEXIS 25326
2008 WL 4927011
Cristina Walker, Asst. U.S. Atty., Shreveport, LA, John L. Walker, Asst. U.S. Atty., Lafayette, LA, for U.S., Carol B. Whitehurst, Lafayette, LA, for Daughenbaugh.
Benavides, Southwick, Haynes.
Cited by 37 opinions  |  Published
Pinpoint authority: bottom 56%
BENAVIDES, Circuit Judge:

Appellant Edward Lee Daughenbaugh pleaded guilty to possession of child pornography. On appeal, Daughenbaugh asserts that the district court plainly erred in accepting his guilty plea because he had not been indicted and did not knowingly and voluntarily waive his right to indictment. Because Daughenbaugh waived his challenge to the lack of indictment by pleading guilty, we affirm.

I.

On May 19, 2006, Daughenbaugh was arrested for possession of child pornography. On May 26, 2006, Daughenbaugh pleaded guilty to a bill of information charging him with one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Prior to entering the guilty plea, Daughenbaugh and his counsel signed an “Affidavit of Understanding of Maximum Penalty and Constitutional Rights,” in which Daughenbaugh acknowledged his understanding of his “right to have the charge against [him] presented to a Grand Jury for indictment.” At the plea colloquy, however, the district court did not advise Daughenbaugh of his right to a grand jury indictment or procure an explicit waiver thereof. On August 31, 2006, Daughenbaugh was sentenced to 84 months imprisonment to be followed by a life term of supervised release.

On August 17, 2007, Daughenbaugh filed a pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, alleging that his counsel in the district court was ineffective for coercing him into pleading guilty, failing to file a direct appeal, failing to move to dismiss the case, and failing to investigate and file pretrial motions. The district court scheduled an evidentiary hearing as to Dau-ghenbaugh’s counsel’s failure to file a direct appeal and denied the motion with respect to all of Daughenbaugh’s other issues. Before this hearing was held, however, the parties jointly stipulated that Daughenbaugh’s counsel did not inform him that the notice appeal had to be filed within ten days of the entry of judgment and that he had a right to an appointed appellate attorney if he could not afford one. The district court then granted Dau-ghenbaugh an out-of-time appeal and ordered the judgment reinstated. On March 6, 2008, Daughenbaugh timely filed a notice of appeal.

II.

Rule 7(b) of the Federal Rules of Criminal Procedure states that “[a]n offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant — in open court and after being advised of the nature[*1012] of the charge and of the defendant’s rights — waives prosecution by indictment.” Daughenbaugh asserts that because he had not been indicted and did not knowingly and voluntarily waive his right to grand jury indictment, the district court plainly erred in accepting his guilty plea. This argument, however, is waived. It is well-settled that “[w]hen a defendant enters a voluntary and unconditional guilty plea, the plea has the effect of waiving all nonjurisdictional defects in the prior proceedings.” [1] Uni ted States v. Stevens, 487 F.3d 232, 238 (5th Cir.2007), cert. denied , — U.S. -, 128 S.Ct. 336, 169 L.Ed.2d 236 (2007). As the Supreme Court stated in Tollett v. Henderson:

[A] guilty plea represents a break in the chain of events which has preceded it in the criminal process. When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea. He may only attack the voluntary and intelligent character of the guilty plea by showing that the advice he received from counsel was not within the standards set forth in McMann [v. Richardson, 397 U.S. 759, 770, 90 S.Ct. 1441, 25 L.Ed.2d 763, (1970)].

411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973). Daughenbaugh does not here allege that his guilty plea was not knowing and voluntary. Further, any deprivation of Daughenbaugh’s right to indictment by grand jury here took place prior to his entry of a guilty plea, and in light of the Supreme Court’s recent pronouncements on jurisdiction, we conclude that the use of a bill of information in the absence of a waiver of indictment is a nonjurisdictional defect, which he cannot now raise. In United States v. Cotton, the Supreme Court held that “indictment omissions” do not deprive a court of jurisdiction, noting that while “subject-matter jurisdiction, because it involves a court’s power to hear a case, can never be forfeited or waived .... the grand jury right can be waived.” 535 U.S. 625, 630-31, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002) (internal citations omitted); see also Kontrick v. Ryan, 540 U.S. 443, 456, 124 S.Ct. 906, 157 L.Ed.2d 867 (2004) (“Clarity would be facilitated if courts and litigants used the label ‘jurisdictional’ ... only for prescriptions delineating the classes of cases (subject-matter jurisdiction) and the persons (personal jurisdiction) falling within a court’s adjudicatory authority.”); United States v. Cothran, 302 F.3d 279, 283 (5th Cir.2002) (noting that while our earlier precedent had treated certain indictment errors as jurisdictional, “Cotton demonstrates that standard waiver principles apply to defects in the indictment”). And although we have not previously addressed whether accepting a plea to a bill of information in the absence of an indictment waiver — as opposed to proceeding on a defective indictment, see Cothran, 302 F.3d at 282-83 — implicates a district court’s jurisdiction, we do not see a distinction between the two for the purposes of the present inquiry. Under the reasoning in Cotton, because criminal defendants may waive the right to grand jury indictment, see Fed.R.Crim.P. 7(b), a failure to actually secure such a waiver does not affect a district court’s power to hear a case. Cotton, 535 U.S. at 630, 122 S.Ct. 1781. Thus, any error in the charging procedure here[*1013] was nonjurisdictional and was therefore waived by Daughenbaugh’s subsequent guilty plea. Stevens, 487 F.3d at 238.

III.

For the foregoing reasons, the judgment of the district court is

AFFIRMED.

1

. A defendant may preserve a claim for appellate review while pleading guilty by entering a "conditional plea” under Rule 11(a)(2) of the Federal Rules of Criminal Procedure. See United States v. Bell, 966 F.2d 914, 915-16 (5th Cir.1992).