United States District Court, D. Arizona
K. Jorgenson, United States District Judge.
before the Court is the appeal from the judgment of
conviction for the misdemeanor conviction for Aiding and
Abetting Aliens to Elude Examination and Inspection by
Immigration Officers submitted by Dawn Lita Campbell
(“Campbell”). The Court declines to schedule this
matter for oral argument.
and Procedural Background
August 12, 2016, Campbell was arrested for Conspiracy to
Transport Illegal Aliens for Profit. Following negotiations
between former counsel and the government, an Information for
the Class B Petty Offense of Aiding and Abetting Aliens to
Elude Examination and Inspection by Immigration Officers. a
misdemeanor, was filed against Campbell (4:16-mj-03179-JR,
to an agreement between the parties, the felony Complaint
would be dismissed in exchange for Campbell's plea to the
misdemeanor charge in the Information of Aiding and Abetting
Aliens to Elude Examination and Inspection by Immigration
Officers. Further, the agreement provided that Campbell
waived her right to any appeal of the court's entry of
judgment against Campbell, the sentence imposed, or any right
to collaterally attack the Campbell's conviction.
Campbell pleaded guilty pursuant to the plea agreement on
August 31, 2016 (4:16-mj-03179-JR, Docs. 26 and 27). At that
time, a Stipulation and Joint Motion for Release of Material
Witnesses without Taking Video Deposition (4:16-mj-03179-JR,
Doc. 28). The United States Marshal was ordered to release
the material witnesses to the Department of Homeland Security
for return to their country of origin.
counsel moved to withdraw (4:16-mj-03179-JR, Doc. 55). During
the July 10, 2017, hearing on that request, the magistrate
judge was informed that Campbell sought to withdraw her plea
of guilty. The magistrate judge granted the motion for
counsel to withdraw and set the matter for sentencing and/or
a status conference regarding a motion to withdraw plea.
August 14, 2017 sentencing/status conference, new counsel
orally moved for Campbell to withdraw from the plea
agreement. The magistrate judge denied the request and
sentenced Campbell; a 90 day sentence of imprisonment was
imposed. The magistrate judge stayed the date
Campbell was to report to serve her sentence pending the
outcome of this appeal.
appeals the magistrate judge's denial of her motion to
withdraw from the plea agreement.
Court has appellate jurisdiction of the magistrate
judge's entry of the judgment of conviction and sentence.
See, 18 U.S.C. § 3402 (“In all cases of
conviction by a United States magistrate judge an appeal of
right shall lie from the judgment of the magistrate judge to
a judge of the district court of the district in which the
offense was committed”); Fed.R.Crim.P. 58(g).
scope of the appeal is the same as in an appeal to the court
of appeals from a judgment entered by a district judge."
Fed. R. Crim. P. 58(g)(2)(D). Indeed, an appellant/defendant
is “not entitled to a trial de novo be a district
of Right to Appeal
argues that she did voluntarily waive her right to appeal.
Specifically, she asserts that the seven factors discussed by
the Sixth Circuit support a finding Campbell did not
voluntarily waive her right to appeal the request to withdraw
her guilty plea. See UnitedStates v.
Haygood, 549 F.3d 1049 (6th Cir. 2008); United
States v. Toth, 668 F.3d 374 (6th Cir. 2012). However,
the Ninth ...