Criminal Procedure – Plea withdrawal

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – Plea withdrawal

Where the guilty plea was marked by confusion, the defendant is entitled to withdraw his guilty plea.

“The final consideration in our totality of the circumstances approach examines the government’s proffered evidence. Examining this factor in Fernandez, we said that ‘[w]hile there was nothing wrong with the AUSA’s factual proffer on its face, the surrounding chaos at this change of plea hearing significantly negated any confidence in Fernandez’ understanding of and admission to those facts.’ Id.; see also Pineda-Buenaventura, 622 F.3d at 772. Similarly here, the government’s explanation of its evidence would probably be sufficient to secure a normal guilty plea, but ‘this was anything but an ordinary change of plea hearing.’ Fernandez, 205 F.3d at 1027. Before the hearing, Fard’s attorney had sought to be appointed under the CJA because Fard could not afford to pay him to go to trial, but the court, without any explanation in the order, rejected the request. If Fard did not plead guilty, trial was set to begin in a couple weeks. Neither the district court nor the government ever explained the nature of fraudulent intent on the record. Breaks were taken, but con-fusion continued. And throughout the hearing, the words
‘knowledge’ and ‘participation’ were used, rather than ‘intent’ or ‘fraudulent.’”

Vacated and Remanded.

14-1221 U.S. v. Fard

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Williams, J.

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