Eric Wilson v. Michael McGinnis Superintendent, Southport Corr. Facility, 413 F.3d 196 (2d Cir. 2005). · Go Syfert
Eric Wilson v. Michael McGinnis Superintendent, Southport Corr. Facility, 413 F.3d 196 (2d Cir. 2005). Cases Citing This Book View Copy Cite
“guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.”
65 citation events (65 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. Anderson (ca2, 2018-01-22)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Anderson
2d Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.
discussed Cited as authority (rule) Fulcher v. State of Connecticut
D. Conn. · 2025 · confidence medium
The Second Circuit has observed that “an involuntary guilty plea is ‘obtained in violation of due process . . .’” United States v. Vargas, 63 F. App’x 592, 594 (2d Cir. 2003) (summary order) (quoting McCarthy v. United States, 394 U.S. 459, 466 (1969)); Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (“It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” (citing Brady v. United States, 397 U.S. 742, 748 (1970); Boykin v. Alabama, 395 U.S. 238 , 242– 43 (1969))…
cited Cited as authority (rule) Walden v. Walcott
S.D.N.Y. · 2025 · confidence medium
MeCarthy v. United States, 394 U.S. 459, 466 (1969); Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (citing Brady, 397 US. at 748).
discussed Cited as authority (rule) Legree v. Thompson
W.D.N.Y. · 2023 · confidence medium
“It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005).
discussed Cited as authority (rule) Oom 385246 v. Christiansen
W.D. Mich. · 2022 · confidence medium
The Hall court also cited with approval the decision of the Second Circuit in Wilson v. McGinnis, 413 F.3d 196, 200 (2d Cir. 2005), where the court concluded that habeas relief was not warranted based on the trial court’s failure to inform the defendant that he could receive consecutive state sentences.
discussed Cited as authority (rule) Reinard v. State of New York
W.D.N.Y. · 2021 · confidence medium
“A plea is considered voluntary and intelligent if the defendant enters the plea with full awareness of its ‘direct consequences.’” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (citing Brady, 397 U.S. at 755 ).
discussed Cited as authority (rule) Jackson v. Perez
E.D.N.Y · 2020 · confidence medium
Second Circuit case law — which can guide the Court in determining what constitutes “an unreasonable application” of “clearly established law,” see Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) — supports the notion that self-representation need not begin instantaneously.
discussed Cited as authority (rule) McBride v. Coveny
S.D.N.Y. · 2020 · confidence medium
“A plea of guilty is considered voluntary and intelligent if the defendant enters the plea with full awareness of its ‘direct consequences.’” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (quoting Brady v. United States, 397 U.S. 742, 755 (1970)).
discussed Cited as authority (rule) Sumlin v. United States
S.D.N.Y. · 2020 · confidence medium
A. Sumlin’s Plea Was Made Knowingly and Voluntarily “It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” United States v. Youngs, 687 F.3d 56, 59 (2d Cir. 2012) (quoting Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005)).
discussed Cited as authority (rule) Pichardo v. United States
S.D.N.Y. · 2020 · confidence medium
With regard to guilty pleas, due process requires that they be voluntary and intelligent, meaning that “the defendant enters the plea with full awareness of its ‘direct consequences.’” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (quoting Brady v. United States, 397 U.S. 742, 748 (1970)); see also United States v. Adams, 955 F.3d 238, 247 (2d Cir. 2020) (rejecting argument that defendant’s plea was not knowing and intelligent when he was informed “numerous times” of the court’s authority to order restitution and, after it was ordered, he never objected).
discussed Cited as authority (rule) United States v. Lisi
2d Cir. · 2020 · confidence medium
In addition to the requirement that a plea agreement be made voluntarily and intelligently, see Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (citing 1 We note that Lisi is proceeding pro se after having gone through four court‐appointed attorneys.
discussed Cited as authority (rule) United States v. Brooks
2d Cir. · 2018 · confidence medium
Voluntariness of the Guilty Plea To satisfy due process, Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005), a district court may only accept a guilty plea where there is "an affirmative showing that it was intelligent and voluntary," Boykin v. Alabama, 395 U.S. 238, 242 (1969).
discussed Cited as authority (rule) United States v. Persaud
2d Cir. · 2018 · confidence medium
“Plain error review requires a defendant to demonstrate that (1) there was error, (2) the error was plain, (3) the error prejudicially affected his substantial rights, and (4) the error seriously affected the fairness, integrity or public reputation of judicial proceedings.” Id. (internal quotations omitted). “[A] guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005)(citing Brady v. United States, 397 U.S. 742, 748 (1970) and Boykin 2 v. Alabama, 395 U.S. 238, 242-43 (1969)).
discussed Cited as authority (rule) United States v. Caraballo
2d Cir. · 2016 · confidence medium
In his reply brief, Caraballo argues that his plea was not a “voluntary and intelligent choice among the alternative courses of action open to [him],” Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir. 2005) (quoting North Carolina v. Alford, 400 U.S. 25, 31 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970)), because he was not aware, at time he filed his notice of appeal, that there was evidence that “suggested] that he was stopped in violation of the Fourth Amendment,” Reply Br. 2.
discussed Cited as authority (rule) Rosenbusch, Taylor Rae
Tex. App. · 2015 · confidence medium
Although the issue has not been directly addressed by the Texas Court of Criminal Appeals, other Texas courts of appeal and federal circuits which have addressed the issue have held “the imposition of consecutive sentences is a collateral consequence of a guilty plea, and the failure to warn of this possibility does not render the plea involuntary in violation of the defendant’s due process rights.” McGrew, 286 S.W.3d at 391 (citing Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir. 2002); United States v. Hernandez, 234 F.3d 25…
discussed Cited as authority (rule) Taylor Rae Rosenbusch v. State
Tex. App. · 2015 · confidence medium
Although the issue has not been directly addressed by the Texas Court of Criminal Appeals, other Texas courts of appeal and federal circuits which have addressed the issue have held “the imposition of consecutive sentences is a collateral consequence of a guilty plea, and the failure to warn of this possibility does not render the plea involuntary in violation of the defendant’s due process rights.” McGrew, 286 S.W.3d at 391 (citing Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir. 2002); United States v. Hernandez, 234 F.3d 25…
discussed Cited as authority (rule) United States v. Cordoba-Bermudez (2×) also: Cited "see"
S.D.N.Y. · 2014 · confidence medium
A. Plea Hearing A guilty plea must be “a ‘voluntary and intelligent choice among the alternative courses of action open to the defendant.’” Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir.2005) (quoting North Carolina v. Alford, 400 U.S. 25, 31 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970)).
discussed Cited as authority (rule) United States v. Yang Chia Tien
2d Cir. · 2013 · confidence medium
Discussion A. Statement of Law “It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005) (citing Brady v. United States, 397 U.S. 742, 748 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970)).
discussed Cited as authority (rule) People v. Belliard
NY · 2013 · confidence medium
But this contention is undermined by Gravino and Harnett , where we clarified that the PRS term in Catu constituted a direct consequence because it was “a component element of a sentence” (Gravino, 14 NY3d at 556 ) or, stated otherwise, one of “the core components of a defendant’s sentence” (Harnett, 16 NY3d at 205 ). 3 Unlike PRS, the consecutive nature of a prison term pursuant to Penal Law § 70.25 (2-a) is not a component of the sentence itself, a point that was critical to our holding in Gill (see also Wilson v McGinnis, 413 F3d 196, 200 [2d Cir 2005] [rejecting the related argu…
discussed Cited as authority (rule) United States v. Youngs (2×)
2d Cir. · 2012 · confidence medium
Due Process Requirements for Guilty Pleas “It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently.” Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005) (citing Brady v. United States, 397 U.S. 742, 748 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970); Boykin v. Alabama, 395 U.S. 238, 242-43 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)).
cited Cited as authority (rule) Sames v. State
Minn. Ct. App. · 2011 · confidence medium
See, e.g., Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004); Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); Virsnieks v. Smith, 521 F.3d 707, 715-16 (7th Cir.2008).
discussed Cited as authority (rule) Howard O'bryan v. State
Tex. App. · 2011 · confidence medium
App. 1999) (en banc); McGrew v. State, 286 S.W.3d 387, 391 (Tex. App.–Corpus Christi 2008, no pet.). 3 ―A consequence has been defined as ‗collateral,‘ rather than ‗direct,‘ where ‗it lies within the discretion of the court whether to impose it,‘ or where ‗its imposition is controlled by an agency which operates beyond the direct authority of the trial judge.‘‖ Jimenez, 987 S.W.2d at 889 n.6; McGrew, 286 S.W.3d at 391 . 4 No other Texas court has determined whether the failure to warn a defendant of the possibility that sentences could be cumulated violates due process an…
examined Cited as authority (rule) United States v. Danzi (3×)
D. Conn. · 2010 · confidence medium
It is axiomatic that “[a] guilty plea must be a voluntary and intelligent choice among the alternative courses of action open to the defendant.” Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir. 2005) (citation and quotation marks omitted).
discussed Cited as authority (rule) McDonald v. Hardy
7th Cir. · 2010 · confidence medium
And the federal circuit courts agree that direct consequences are those that are “definite,” “immediate,” and “automatic,” see, e.g., Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); Dalton v. Battaglia, 402 F.3d 729, 733 (7th Cir.2005); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004), such as the minimum amount of time a defendant must serve and the maximum amount of time he may serve, Jamison v. Klem, 544 F.3d 266, 277-78 (3d Cir.2008); Dalton, 402 F.3d at 733 .
discussed Cited as authority (rule) Christopher McDonald v. Hardy, Marcus
7th Cir. · 2010 · confidence medium
And the federal circuit courts agree that direct consequences are those that are “definite,” “immediate,” and “automatic,” see, e.g., Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); Dalton v. Battaglia, 402 F.3d 729, 733 (7th Cir. 2005); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir. 2004), such as the minimum amount of time a defendant must serve and the maximum amount of time he may serve, Jamison v. Klem, 544 F.3d 266 , 277‐78 (3d Cir. 2008); Dalton, 402 F.3d at 733 .
discussed Cited as authority (rule) McDonald v. Hardy
7th Cir. · 2010 · confidence medium
And the federal circuit courts agree that direct consequences are those that are “definite,” “immediate,” and “automatic,” see, e.g., Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); Dalton v. Battaglia, 402 F.3d 729, 733 (7th Cir.2005); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004), such as the minimum amount of time a defendant must serve and the maximum amount of time he may serve, Jamison v. Klem, 544 F.3d 266, 277-78 (3d Cir.2008); Dalton, 402 F.3d at 733 .
discussed Cited as authority (rule) Brown v. United States
S.D.N.Y. · 2009 · confidence medium
See also, e.g., United States v. Adams, 448 F.3d 492, 497-98 (2d Cir.2006); Hanson v. Phillips, 442 F.3d 789, 798 (2d Cir.2006); Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir.2005); Innes v. Dalsheim, 864 F.2d 974 , 977 (2d Cir.1988), cert. denied, 493 U.S. 809 , 110 S.Ct. 50 , 107 L.Ed.2d 19 (1989). 6 .
discussed Cited as authority (rule) Virsnieks, Albert M. v. Smith, Judy P. (2×)
7th Cir. · 2008 · confidence medium
Thus, although a defen- dant must be informed of the direct consequences flowing from a plea, he need not be informed of collateral conse- quences.10 Warren v. Richland County Circuit Court, 223 F.3d 454, 457 (7th Cir. 2000).11 10 We have defined direct consequences as the “immediate, and automatic consequences of the guilty plea.” United States v. Jordan, 870 F.2d 1310, 1317 (7th Cir. 1989) (internal quotation marks and citation omitted); see also Little v. Crawford, 449 F.3d 1075, 1080 (9th Cir. 2006); Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); Steele v. Murphy, 365 F.3d 14, 1…
discussed Cited as authority (rule) Virsnieks v. Smith (2×)
7th Cir. · 2008 · confidence medium
Indeed, to the very limited extent that the decisions of the courts of appeals can “guide us in determining what constitutes an unreasonable application” of clearly established Supreme Court precedent, see Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005), these decisions indicate that no clearly established federal law requires that defendants be informed of the possibility that they could be ordered to register as sexual offenders.
discussed Cited as authority (rule) United States v. Jusino
2d Cir. · 2007 · confidence medium
We have said that “direct consequences” are those that work a “definite, immediate and largely automatic effect on the range of the defendant’s punishment.” See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005).
discussed Cited as authority (rule) Larweth v. Conway
W.D.N.Y. · 2007 · confidence medium
The “test for determining the [constitutional] validity of guilty pleas ... was and remains whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.” North Carolina v. Alford, 400 U.S. 25, 31 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970); accord, e.g., Kelleher v. *673 Henderson, 531 F.2d 78, 81 (2d Cir.1976); Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir.2005).
discussed Cited as authority (rule) Whitehurst v. Senkowski
N.D.N.Y. · 2007 · confidence medium
A guilty plea must reflect a “voluntary and intelligent choice among the alternative courses of action open to the defendant.” Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir.2005) (quoting Alford); Scott v. Superintendent, Mid-Orange Correctional Facility, No. 03-CV-6383, 2006 WL 3095760 , at *7 (E.D.N.Y.
cited Cited "see" Jimenez v. United States
S.D.N.Y. · 2025 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir. 2005) (citing Brady v. United States, 397 U.S. 742, 748 (1970)).
cited Cited "see" Ifeanyi Ogozy v. United States
S.D.N.Y. · 2023 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir. 2005) (citing Brady v. United States, 397 U.S. 742, 748 (1970)).
cited Cited "see" Margolies v. United States
S.D.N.Y. · 2023 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (citing Brady v. United States, 397 U.S. 742, 748 (1970)).
cited Cited "see" Delgado v. United States
S.D.N.Y. · 2022 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005) (citing Brady v. United States, 397 U.S. 742, 748 (1970)).
discussed Cited "see" Gregory Michael Fowler v. State
Tex. App. · 2012 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2nd Cir. 2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir. 2002); United States v. Hernandez, 234 F.3d 252, 256 (5th Cir. 2000); United States v. Ferguson, 918 F.2d 627, 631 (6th Cir. 1990); United States v. Wills, 881 F.2d 823, 827 (9th Cir. 1989); United States v. Ray, 828 F.2d 399 , 417-19 & n.19 (7th Cir. 1987).
cited Cited "see" United States v. Antonetti
2d Cir. · 2010 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005).
discussed Cited "see" Cleo Chester McGrew, Jr. v. State
Tex. App. · 2008 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir. 2002); United States v. Hernandez, 234 F.3d 252, 256 (5th Cir. 2000); United States v. Ferguson, 918 F.2d 627, 631 (6th Cir. 1990); United States v. Wills, 881 F.2d 823, 827 (9th Cir. 1989); United States v. Ray, 828 F.2d 399 , 417-19 & n.19 (7th Cir. 1987).
discussed Cited "see" Cleo Chester McGrew, Jr. v. State
Tex. App. · 2008 · signal: see · confidence high
See Wilson v. McGinnis , 413 F.3d 196, 199 (2d Cir. 2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir. 2002); United States v. Hernandez , 234 F.3d 252, 256 (5th Cir. 2000); United States v. Ferguson , 918 F.2d 627, 631 (6th Cir. 1990); United States v. Wills , 881 F.2d 823, 827 (9th Cir. 1989); United States v. Ray , 828 F.2d 399 , 417-19 & n.19 (7th Cir. 1987).
discussed Cited "see" McGrew v. State
Tex. App. · 2008 · signal: see · confidence high
See Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); United States v. Hurlich, 293 F.3d 1223, 1231 (10th Cir.2002); United States v. Hernandez, 234 F.3d 252, 256 (5th Cir.2000); United States v. Ferguson, 918 F.2d 627, 631 (6th Cir.1990); United States v. Wills, 881 F.2d 823, 827 (9th Cir.1989); United States v. Ray, 828 F.2d 399 , 417-19 & n. 19 (7th Cir.1987).
discussed Cited "see, e.g." Kirchen v. Winn
E.D. Mich. · 2021 · signal: see also · confidence medium
See Hall v. Bradshaw, 466 F. App’x 472, 474 (6th Cir. 2012); see also Wilson v. McGinnis, 413 F.3d 196, 200 (2d Cir. 2005) (ruling that habeas relief was not warranted based on state court’s failure to inform a defendant that he could receive consecutive state sentences) (cited in Hall).
discussed Cited "see, e.g." Kirchen v. Winn
E.D. Mich. · 2020 · signal: see also · confidence medium
See Hall v. Bradshaw, 466 F. App’x 472, 474 (6th Cir. 2012); see also Wilson v. McGinnis, 413 F.3d 196, 200 (2d Cir. 2005) (ruling that habeas relief was not warranted based on state court’s failure to inform a defendant that he could receive consecutive state sentences) (cited in Hall).
discussed Cited "see, e.g." Jerome Hall v. Margaret Bradshaw
6th Cir. · 2012 · signal: see also · confidence medium
We have held, however, that “whether a federal sentence runs consecutive to or concurrent with a state sentence is not considered a direct consequence of the plea.” United States v. Ferguson, 918 F.2d 627, 630 (6th Cir.1990); see also Wilson v. McGinnis, 413 F.3d 196, 200 (2d Cir.2005) (concluding that habeas relief was not warranted based on the trial court’s failure to inform the defendant that he could receive a consecutive sentence).
cited Cited "see, e.g." Taylor v. State
Ga. Ct. App. · 2010 · signal: see also · confidence medium
See also Wilson v. McGinnis, 413 F3d 196, 199 (II) (B) (2d Cir. 2005); Steele v. Murphy, 365 F3d 14, 17 (II) (1st Cir. 2004).
discussed Cited "see, e.g." Pignataro v. Poole
2d Cir. · 2010 · signal: see also · confidence medium
The Supreme Court has held that a guilty plea must be a “voluntary and intelligent choice among the alternative courses of action open to the defendant.” North Carolina v. Alford, 400 U.S. 25, 31 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970); see also Wilson v. McGinnis, 413 F.3d 196, 198-99 (2d Cir.2005) (applying Alford to a § 2254 petition).
discussed Cited "see, e.g." Appleby v. WARDEN, NORTHERN REGIONAL JAIL (2×)
4th Cir. · 2010 · signal: see also · confidence medium
See Cuthrell, 475 F.2d at 1366 ; see also Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004); United States v. Littlejohn, 224 F.3d 960, 965 (9th Cir.2000); King v. Dutton, 17 F.3d 151, 152 (6th Cir.1994); United States v. Salmon, 944 F.2d 1106, 1130 (3d Cir.1991); George v. Black, 732 F.2d 108, 110 (8th Cir.1984); United States v. Sambro, 454 F.2d 918, 922 (D.C.Cir.1971) (en banc) (‘We presume that the Supreme Court meant what it said when it used the word ‘direct’; by doing so, it excluded collateral consequences.”).
Retrieving the full opinion text from the archive…
Eric WILSON, Petitioner-Appellant,
v.
Michael McGINNIS, Superintendent, Southport Correctional Facility, Respondent-Appellee
Docket 04-4125-PR.
Court of Appeals for the Second Circuit.
Jul 5, 2005.
413 F.3d 196
Jonathan Kirshbaum, Center for Appellate Litigation (Robert S. Dean, on the brief), New York, NY, for Petitioner-Appellant., Andrew Sacher, Assistant District Attorney (Robert T. Johnson, on the brief, Joseph N. Ferdenzi, Allen H. Saperstein, Peter A. Sell, of counsel), Bronx County, New York, NY, for Respondent-Appellee.
Feinberg, Cardamone, Sack.
Cited by 53 opinions  |  Published
FEINBERG, Circuit Judge.

Eric Wilson, incarcerated at Southport Correctional Facility, appeals from a judgment of the United States District Court for the Southern District of New York (Hellerstein, J.) denying his petition for a[*197] writ of habeas corpus pursuant to 28 U.S.C. § 2254(d). We have jurisdiction under 28 U.S.C. § 2253(a).

Wilson was convicted in New York Supreme Court, Bronx County, following his plea of guilty to one count of attempted robbery in the second degree. The court sentenced Wilson to a prison term of 12 years to life. The conviction was affirmed by the Appellate Division, and leave to appeal was denied by the New York Court of Appeals. Wilson thereafter petitioned the federal district court for a writ of habeas corpus, arguing that the trial court had denied him due process. The basis for this claim was the court’s failure to advise him at the time of his guilty plea that his sentence would run consecutively to a then-undischarged sentence on a prior drug-selling conviction. Because Wilson has failed to establish that the state courts unreasonably applied clearly established Supreme Court precedent, we affirm the district court’s denial of the petition.

I. BACKGROUND

In September 1998, Wilson pled guilty to a charge of attempted robbery in the second degree. The charge arose from an August 1996 incident during which Wilson, displaying a knife, pulled a gold chain from another man’s neck. At the plea colloquy, the court told Wilson that he faced a term of 12 years to life. This was due to several prior convictions, which required the court to consider Wilson a “persistent violent felony offender.” N.Y. Penal Law § 70.08. Wilson indicated that he understood he would be so sentenced. In October 1998, Wilson moved to withdraw the plea, claiming that he had pled guilty under coercion and duress. The court, after reviewing the plea minutes, denied the motion, finding that Wilson’s plea had been knowing, voluntary and intelligent. In December 1998, after a court-ordered psychiatric exam found Wilson fit to proceed, the court sentenced Wilson to 12 years to life in prison, despite Wilson’s continued assertions that he wished to withdraw his plea and go to trial.

During the sentencing hearing, the prosecutor requested that Wilson’s sentence be imposed consecutively to his undischarged sentence for a drug-related state felony offense. In April 1995, Wilson had been arrested and charged with selling drugs. He was then released on bail or recognizance pending proceedings on that charge, and committed the 1996 attempted robbery during that period. In October 1997, Wilson pled guilty to the drug charge and was sentenced in New York Supreme Court, Bronx County in March 1998 to a prison term of 3-6 years for that offense.

The fact that Wilson committed the attempted robbery while on bail was the basis for the prosecutor’s request that his sentences run consecutively. Under section 70.25(2-b) of the New York Penal Law, a sentence imposed after a violent felony conviction must run consecutively to a sentence imposed on an earlier felony conviction where the violent felony was committed while the defendant was out on bail or recognizance pending proceedings on the earlier felony conviction, but before sentence was imposed for that earlier felony. N.Y. Penal Law § 70.25(2-b). There is a limited discretionary exception to this rule:

[T]he court may, in the interest of justice, order a sentence to run concurrently in a situation where consecutive sentences are required by this subdivision if it finds either mitigating circumstances that bear directly upon the manner in which the crime was committed or ... [that] the defendant’s participation was relatively minor ....

Id. The sentencing judge granted the prosecutor’s request, stating that “by law, the[*198] sentence must run consecutive to the conviction [of the drug offense].” At no point during the sentencing hearing did Wilson or his lawyer object to the prosecutor’s request for, or the court’s imposition of, a consecutive sentence. Wilson did, however, complain generally about the length of the sentence and continued to insist on his innocence and his wish to withdraw his plea.

Wilson timely appealed to the New York Appellate Division, asserting that his guilty plea was invalid both because the court had not advised him at the time of his plea that he would be sentenced consecutively, and because he had entered his guilty plea, despite his consistent claims of innocence, while his decision-making ability was impaired. The Appellate Division affirmed the conviction, concluding that the sentencing judge had properly exercised his discretion in denying Wilson’s motion to withdraw his guilty plea after “conducting] a suitable inquiry in which defendant received an adequate opportunity to be heard.” People v. Wilson, 299 A.D.2d 222, 749 N.Y.S.2d 409, 409 (1st Dept. 2002). The court found that Wilson’s claims of lack of voluntariness were properly rejected as vague, conclusory and unpersuasive. Id. It also held that Wilson’s plea was not rendered involuntary by the fact that he was not informed about the consecutive sentence at the time he pled guilty. Id.

Wilson’s application to the New York Court of Appeals for permission to appeal the Appellate Division’s affirmance was denied. People v. Wilson, 99 N.Y.2d 566, 754 N.Y.S.2d 219, 784 N.E.2d 92 (2002). Wilson then timely petitioned the district court for a writ of habeas corpus, arguing that his conviction pursuant to his guilty plea violated his due process rights because he had not been informed prior to his plea that he would be sentenced consecutively. Judge Hellerstein denied the petition in a thorough opinion, holding that Wilson’s constitutional rights were not violated. Wilson v. McGinnis, No. 03 Civ. 4625(AKH), 2004 WL 1534160 (S.D.N.Y. July 8, 2004).

The sole issue in Wilson’s appeal is one of first impression for this court: whether, prior to entering a guilty plea, a state defendant must be informed that his sentence in state custody must be served consecutively to, rather than concurrently with, a previously imposed undischarged state sentence. We held in United States v. Parkins, 25 F.3d 114, 119 (2d Cir.1994), that the sentencing court need not advise defendants that a federal sentence will run consecutively to a state sentence. We now must decide whether the fact that both sentences are state-imposed distinguishes this case from Parkins, or whether the rule in Parkins may reasonably be extended to cover two consecutive state sentences.

II. DISCUSSION

A. Standard of Review

We review the denial of a writ of habeas corpus de novo. Gutierrez v. McGinnis, 389 F.3d 300, 302 (2d Cir.2004). A federal court may grant a petition challenging a state court decision on the merits if the adjudication of the claim in state court “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States .... ” 28 U.S.C. § 2254(d)(1). Wilson asserts that the state court’s decision upholding the validity of the guilty plea was an unreasonable application of Supreme Court precedent.

B. Validity of Guilty Plea

A guilty plea must be a “voluntary and intelligent choice among the al[*199] ternative courses of action open to the defendant.” North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). It is a settled principle of federal constitutional law that a guilty plea violates due process and is therefore invalid if not entered voluntarily and intelligently. Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970); Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). A plea of guilty is considered voluntary and intelligent if the defendant enters the plea with full awareness of its “direct consequences.” Brady, 397 U.S. at 755, 90 S.Ct. 1463 (citation omitted).

The Supreme Court has not defined which consequences of a guilty plea are “direct” and therefore must be disclosed to the defendant, and which consequences are collateral and need not be conveyed to the defendant prior to his plea. However, this court has joined several of its sister circuits in defining direct consequences as those that have a “definite, immediate and largely automatic effect on the range of the defendant’s punishment,” and designating other consequences as collateral. United States v. United States Currency, 895 F.2d 908, 915 (2d Cir.1990) (citation and internal punctuation omitted). See United States v. Salerno, 66 F.3d 544, 550-51 (2d Cir.1995) (fact that instant conviction may be treated as felony in separate sentencing for later offense is collateral consequence of defendant’s guilty plea); see also Dalton v. Battaglia, 402 F.3d 729, 733 (7th Cir.2005) (change in the maximum sentence for which defendant is eligible is direct consequence of plea); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004) (possibility of being deemed a sexually dangerous person after conviction is collateral consequence); United States v. Kikuyama, 109 F.3d 536, 538 (9th Cir.1997) (because district court had discretion to impose concurrent sentence, imposition of consecutive federal sentences was collateral consequence); United States v. Edwards, 911 F.2d 1031, 1035 (5th Cir.1990) (effect of plea’s potential enhancing effect on future sentences is collateral).

We have held that federal courts need not warn defendants prior to the entry of a plea that their federal sentences may run consecutively to their state sentences. Parkins, 25 F.3d at 118-19. [1] In Parkins, we stated that the imposition of such a consecutive sentence is not a direct consequence of a plea because, while the federal statute requiring the federal and state sentences to be consecutive “may in effect lengthen [the defendant’s] time in jail, it does not lengthen the federal sentence, or directly affect it in any other way.” Id. at 118 (emphasis in original).

We recognize that our prior decisions and those of other circuits distinguishing between direct and collateral consequences do not determine whether the state court unreasonably applied clearly established federal law as determined by the Supreme Court. See Mask v. McGinnis, 252 F.3d 85, 89-90 (2d Cir.2001) (per curiam) (holding that petitioner’s showing that Second Circuit precedent was unreasonably applied did not entitle petitioner to habeas relief, since habeas statute requires showing that Supreme Court precedent was unreasonably applied). Nonetheless, these prior decisions can and indeed must guide us in determining what constitutes an unreasonable application, under § 2254(d), of the rule that a guilty plea must be knowing, intelligent and voluntary in order to[*200] be valid. Cf. Serrano v. Fischer, 412 F.3d 292, 299, n.3 (2d Cir.2005).

In his brief, Wilson urges that the rule set forth in Parkins should not be extended to the imposition of consecutive state sentences, because “the mandatory consecutive state sentences imposed here clearly had the effect of lengthening the actual state sentence and punishment that was imposed pursuant to the guilty plea” (emphasis in original). We cannot agree. The court informed Wilson at the time he entered his plea to the attempted robbery charge that the court intended to sentence him to a prison term of 12 years to life, and that is precisely the sentence that the court imposed. Wilson had already been sentenced to 3-6 years in prison in a separate proceeding for an unrelated state felony. The two sentences were not contingent on one another, and it is inaccurate to assert, as Wilson does, that one sentence was increased by imposition of the other.

Wilson contends in his brief that because, “under [New York Penal Law] § 70.30(l)(b), the two sentences are combined to form the actual term of imprisonment, ... the two sentences are not collateral to each other, but are connected to one another through § 70.25(2-b)” (emphasis in original). This is also incorrect. Section 70.30(l)(b) prescribes the calculation of a term of imprisonment when the defendant has been sentenced to two or more consecutive terms. The statute does not purport to “connect” or relate the two terms for any purpose other than to compute how long the defendant is to be incarcerated.

Wilson further maintains that the consecutive sentence was a direct consequence of his plea because § 70.25(2-b) made the imposition of that sentence mandatory and automatic. However, as the district court correctly observed, § 70.25(2-b) gives the sentencing court discretion to impose a concurrent sentence if it determines that such a sentence would be “in the interest of justice” and if the court finds either “mitigating circumstances that bear directly upon the manner in which the crime was committed” or determines that the defendant was a “relatively minor” participant in the crime. Wilson, 2004 WL 1534160, at *7. While the sentencing court clearly believed that Wilson did not qualify for either of the exceptions to § 70.25(2-b)’s consecutive sentencing requirement, it cannot be said that the court had no discretion to determine whether such an exception could be made or that the court erroneously failed to exercise its lawful discretion. Under these circumstances, we reject Wilson’s contention that § 70.25(2-b) had such a “definite, immediate and largely automatic” effect on the range of punishment as to constitute a direct consequence of the plea.

In light of the foregoing analysis, we conclude that the prevailing rule that imposition of a federal sentence to run consecutively to a state sentence is a collateral consequence of a plea may reasonably be extended to apply to imposition of consecutive state sentences. Therefore, the state court’s failure to inform Wilson at the time he pled guilty that he could receive a consecutive sentence did not unreasonably apply the general principle of Supreme Court law that a plea must be knowing, intelligent and voluntary to be valid.

C. Denial of the Writ

Wilson was not denied due process when he was not informed that his sentence for robbery would run consecutively to his undischarged sentence for the drug felony. We agree with the district court’s reasoning in refusing to grant Wilson’s petition, and we find that the remainder of Wilson’s arguments lack merit.

[*201] III. CONCLUSION

For the foregoing reasons, the judgment of the district court denying the writ is affirmed.

1

. Other circuit courts have so held. See United States v. Hurlich, 293 F.3d 1223, 1231 n. 3 (10th Cir.2002) (collecting cases from Third, Fourth, Fifth, Sixth, Seventh and Eighth Circuits, and noting disagreement of Ninth Circuit).