U.S. v. DeFusco – Case Brief Summary (Federal Court)

In U.S. v. DeFusco, 949 F.2d 114, 120 (4th Cir. 1991), cert. denied, 503 U.S. 997 (1992), the defendant provided the court with a signed statement of facts which he admitted on the record was an accurate representation of what happened.

The statement of facts, as well as the plea agreement, sets forth each element of the offense and the facts to support each of the two counts to which the defendant pled guilty.

The United States Court of Appeals for the Fourth Circuit held that the underlying factual basis for the plea need not be read into the record, stating that "Rule 11 does not require the judge to establish through colloquy that a factual basis exists for the plea.

The court may conclude that a factual basis exists from anything that appears on the record." Id.

The Court concluded that "it is certainly reasonable for the court to find an adequate factual basis from the statement of facts alone." Id.