United States v. Bowles, 602 F.3d 581 (4th Cir. 2010). · Go Syfert
United States v. Bowles, 602 F.3d 581 (4th Cir. 2010). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Jeffrey Joyner (ca4, 2013-06-27)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jeffrey Joyner
4th Cir. · 2013 · confidence medium
But a counseled guilty plea waives all antecedent, nonjurisdictional defects not logically inconsistent with the establishment of guilt, United States v. Bowles, 602 F.3d 581, 582 (4th Cir.2010), unless the defendant can show that his plea was not voluntary and intelligent because the advice of counsel “was not within the range of competence demanded of attorneys in criminal cases.” Tollett v. Henderson, 411 U.S. 258, 266 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Charlie Song
4th Cir. · 2013 · confidence medium
See United States v. Deters, 143 F.3d 577, 579-82 (10th Cir.1998) (“[W]e hold that a commitment order issued pursuant to 18 U.S.C. § 4247 (b), whether it be for the purpose of ascertaining competency to stand trial under section 4241 or for the purpose of evaluating insanity at the time of the offense under section 4242, is immediately appealable.”); see also Sell v. United States, 539 U.S. 166, 176 , 123 S.Ct. 2174 , 156 L.Ed.2d 197 (2003) (describing collateral order exception); United States v. Bowles, 602 F.3d 581, 582 (4th Cir.2010) (same).
cited Cited as authority (rule) United States v. Sedieka McClam
4th Cir. · 2013 · confidence medium
United States v. Bowles, 602 F.3d 581, 582-83 (4th Cir. 2010) (guilty plea constitutes waiver of all antecedent nonjurisdictional defects).
cited Cited "see" United States v. Robert Hancasky, Jr.
4th Cir. · 2019 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581, 582-83 (4th Cir. 2010); United States v. Moussaoui, 591 F.3d 263, 279 (4th Cir. 2010).
cited Cited "see" United States v. Gregory Bowles
4th Cir. · 2018 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581 , 582–83 (2010).
cited Cited "see" United States v. Samuel Holloman
4th Cir. · 2017 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581, 582 (4th Cir. 2010).
cited Cited "see" United States v. Hafan Riley
4th Cir. · 2014 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581, 582 (4th Cir.2010).
discussed Cited "see" United States v. Temitope Akinsade (2×)
4th Cir. · 2012 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581 , 583 n. * (4th Cir.2010) (concluding that argument mentioned for the first time in supplemental briefing is waived).
cited Cited "see" West Virginia Cwp Fund v. Elsie Stacy
4th Cir. · 2011 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581 , 583 n.1 (4th Cir. 2010) (noting that arguments not raised in the opening brief are waived).
cited Cited "see" West Virginia Cwp Fund v. Elsie Stacy
4th Cir. · 2011 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581 , 583 n. 1 (4th Cir.2010) (noting that arguments not raised in the opening brief are waived).
discussed Cited "see" Bellotte v. Edwards (2×)
4th Cir. · 2011 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581, 583 n. 1 (4th Cir.2010) (noting that arguments not raised in the appellant's opening brief are waived).
cited Cited "see" Hedgepeth v. Parker's Landing Property Owner's Assn., Inc.
4th Cir. · 2010 · signal: see · confidence high
See United States v. Bowles, 602 F.3d 581 (4th Cir.2010); Equal Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597 (4th Cir.2010).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gregory Young BOWLES, A/K/A New York, Defendant-Appellant
09-4219.
Court of Appeals for the Fourth Circuit.
Apr 23, 2010.
602 F.3d 581
ARGUED: Katherine E. Evatt, Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. James Chris Leventis, Jr., Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins, United States Attorney, Columbia, South Carolina, for Appellee.
Shedd, Agee, Hamilton.
Cited by 17 opinions  |  Published

Dismissed by published opinion. Judge SHEDD wrote the opinion, in which Judge AGEE and Senior Judge HAMILTON joined.

[*582] OPINION

SHEDD, Circuit Judge:

Gregory Bowles pled guilty to being a felon in possession of a firearm and the district court sentenced him to 188 months imprisonment. Bowles now appeals his conviction arguing the court erred by ordering him to be forcibly medicated to render him competent to stand trial. Because we find that Bowles has waived his right to challenge the forcible medication order, we dismiss the appeal.

I.

The government indicted Bowles on several drugs and weapons charges, including being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). After his initial court appearance, the district court granted Bowles’ unopposed motion to have a psychiatric evaluation conducted. Thereafter, he was diagnosed with a “persecutory type” of delusional disorder and antisocial personality disorder. Consequently, the district court found him incompetent to stand trial and committed him for treatment. Over the course of approximately four years, the district court held several hearings regarding Bowles’ competency and the proper psychiatric treatment methods needed for Bowles. Eventually, the court granted the government’s motion and ordered Bowles to be forcibly medicated to render him competent to stand trial. Bowles did not seek an interlocutory appeal of the forcible medication order.

Thereafter, Bowles was rendered competent and pled guilty pursuant to a written plea agreement to one count of being a felon in possession of a firearm. The district court conducted a Rule 11 colloquy and in accepting his plea found that he was “fully competent and capable of entering an informed plea [and] that his plea of guilty is a knowing and voluntary plea.” J.A. 235. The court imposed a sentence of 188 months imprisonment. Bowles now seeks to appeal the forcible medication order and have his conviction vacated.

II.

A plea of guilty “represents a break in the chain of events which has preceded it in the criminal process.” Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973). Accordingly, we have held that “[w]hen a defendant pleads guilty, he waives all nonjurisdictional defects in the proceedings conducted prior to entry of the plea.” United States v. Bundy, 392 F.3d 641, 644 (4th Cir.2004). Indeed, relying on these principles, we recently held in United States v. Moussaoui, 591 F.3d 263, 279 (4th Cir.2010) (internal quotation marks and citations omitted), that a “defendant who has pled guilty has no nonjurisdictional ground upon which to attack that judgment except the inadequacy of the plea, or the government’s power to bring any indictment at all.”

Here, Bowles seeks to reopen his judgment of conviction upon his guilty plea on a nonjurisdictional issue — the forcible medication order. However, as the foregoing authorities make clear, such a course of action is not permitted. We note that Bowles could have preserved this issue through an interlocutory appeal. See e.g., Sell v. United States, 539 U.S. 166, 176, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003) (finding review of the district court’s forcible medication order is proper as an interlocutory appeal under the “collateral order” doctrine because it “(1) conclusively determined the disputed question, (2) resolved an important issue completely separate from the merits of the action, and (3) is effectively unreviewable on appeal from a final judgment ”) (internal quotation marks and citations omitted) (emphasis added); see also United States v. Bush, 585 F.3d 806, 812 (4th Cir.2009); United States v. Evans, 404 F.3d 227, 235 (4th[*583] Cir.2005). Further, Bowles could have attempted to negotiate a conditional plea, see Fed. R.Crim. Proc. 11(a)(2), or he could have proceeded to trial, which would also have preserved this issue for our review. Because Bowles did not take these necessary steps, he has waived his right to appeal the forcible medication order. * Accordingly, we dismiss his appeal.

III.

For the foregoing reasons, we find Bowles’ argument waived and dismiss the appeal.

DISMISSED

*

We ordered supplemental briefing on the waiver issue. In his supplemental brief and at oral argument, Bowles argued for the first time that his guilty plea was not voluntary or competent. We find this argument is waived. See United States v. Jones, 308 F.3d 425, 427 n. 1 (4th Cir.2002) (holding that an argument not raised in the opening brief is waived). In any event, we find these arguments are not supported by the record.