Weldon L. Miller, Petitioner-appellant, v. Jack Cowley, Warden, and Attorney General of the State Ofoklahoma, Respondents-appellees, 947 F.2d 954 (10th Cir. 1991)

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted without oral argument.

This matter is before the court on petitioner's application for a certificate of probable cause. We issue a certificate pursuant to 28 U.S.C. § 2253 and proceed to the merits of the case. See Barefoot v. Estelle, 463 U.S. 880 (1983).

Mr. Weldon L. Miller pled guilty to charges of second degree burglary and possession of marijuana with intent to distribute, while also maintaining that he was innocent of the crimes. The trial judge accepted the pleas. On appeal, petitioner argued that the trial judge had committed constitutional error in accepting these pleas without establishing a factual basis for them. North Carolina v. Alford, 400 U.S. 25 (1970). The United States Magistrate Judge for the Eastern District of Oklahoma issued Findings and Recommendations, which the United States District Court for the same district affirmed. Petitioner now appeals from the district court's adoption of the magistrate judge's Findings and Recommendations.

The magistrate judge found that the trial court interrogated Mr. Miller adequately to determine that his pleas were voluntary, intelligent, and with understanding of his constitutional rights, and that petitioner's allegations of error were without merit. The district court affirmed and adopted these findings, denying petitioner's exceptions to them.

After thoroughly reviewing the pleadings and the record, we hold that the district court order is supported by the record. We AFFIRM the district court order for substantially the reasons set out therein.

The mandate shall issue forthwith.