Guilty plea may be knowing and voluntary even if defendant denies requisite intent

PLEA United States v. Vidal, No. 07-2026, ___ F.3d ___ (10th Cir. Feb. 13, 2009)(New Mexico). Appeal of conviction obtained by guilty plea for possession with intent to distribute more than 500 grams of methamphetamine. HELD: Defendant’s guilty plea was knowing and voluntary despite her oral statements at plea hearing denying knowledge of drugs and intent to distribute. There was strong factual basis for guilt in record supporting government’s case that possession of drugs was knowing and intentional and district court adequately sought to resolve any apparent conflict between defendant’s oral statements and written plea. Specifically, district court ensured that defendant understood that government had to prove intent, but despite that, and even with her denial of intent, she desired to plead guilty solely on grounds that she believed government could prove her intent to possess and distribute. In other words, without expressly doing so, defendant entered Alford plea as described in North Carolina v. Alford, 400 U.S. 25, 37 (1970)(allowing guilty plea under which defendant consents to imposition of prison sentence even if he is unwilling or unable to admit his participation in acts constituting crime). Read the opinion here.