District Court Could Properly Refuse Attempted Guilty Plea to Two of Four Charges

U.S. v. Martin, -- F.3d --, 2008 WL 2332049 (10th Cir. 6/9/08) - Mr. Martin was convicted of two assault counts and two rape counts. The district court's refusal of Mr. Martin's attempted plea to the two counts of assault is upheld. While the Court expresses doubt that the district court properly relied on the need to avoid confusing the jury and complicating the evidentiary issues, it affirms based on failure to establish a factual basis for the plea. Denial of instruction on apparent consent from a § 1983 case was proper because it inaccurately equated apparent and actual consent and failed to explain how either form related to the elements the jury was required to find. The beating and rape charges against Mr. Martin were properly grouped for sentencing purposes, and the bodily-injury enhancement was properly applied to the sexual assault charges. There was no clear error in denying an acceptance-of-responsibility adjustment.