FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MOTION FOR LEAVE TO WITHDRAW PLEA OF GUILTY
The Defendant, by and through undersigned counsel, hereby
moves for leave to withdraw his plea of guilty to Count Two of
the Indictment. In support thereof, undersigned counsel states
On February 26, 2001, the Defendant was indicted on one
count of kidnaping, in violation of 18 U.S.C. § 1201, and one
count of aggravated sexual abuse, in violation of 18 U.S.C. §
On April 2, 2001, the Defendant pled guilty, pursuant
to a written plea agreement, to the charge of aggravated sexual
abuse. The Court accepted the Defendant’s plea of guilty, and
set sentencing in the matter for August 7, 2001.
The presentence report was disclosed to the parties on
June 29, 2001. The Defendant’s initial objections to the
presentence report were forwarded to the Probation Officer and
Government Counsel on July 7, 2001. The Defendant’s Position of
Defendant with Respect to Sentencing Factors was filed with the
On July 6, 2001, the Defendant first indicated, in a
conference with undersigned counsel’s investigator, interest in
seeking leave to withdraw his plea of guilty to Count Two of the
I ndictment. Following an exchange of correspondence,
undersigned counsel and his investigator met with the Defendant
at the Moore County Jail in Carthage, North Carolina, on July
18, 2001. At that meeting, undersigned counsel advised the
Defendant regarding the applicable law, and both the legal and
practical implications of seeking leave to withdraw his plea of
guilty to Count Two of the Indictment. The Defendant advised
undersigned counsel of his belief that he is not guilty of
aggravated sexual abuse as charged in Count Two of the
Indictment, and his bel ief that he was depressed and not
thinking clearly at the time he entered his plea of guilty.1 At
the conclusion of that meeting, the Def endant instructed
undersigned counsel to prepare and file this motion.
Rule 32(e) of the Federal Rules of Criminal Procedure
provides that, prior to the imposition of sentence, “the court
may permit the plea [of guilty] to be withdrawn if the defendant
1 A mental health evaluation prepared January 23, 2001, by the North
Carolina Department of Correction, includes an Axis I diagnosis of Dysthymia, and
an Axis II diagnosis of Personality Disorder, NOS, with Antisocial, Paranoid, and
Narcissistic Features. The Defendant was prescribed Sinequan and Zyprexa at that
time, and he advises undersigned counsel that he continues to take the same
shows any fair and just reason.”2 It is the Defendant’s belief
that the matters he described for counsel constitute “fair and
just reason[s],” and that he should be allowed leave to withdraw
his plea of guilty to Count Two of the Indictment.
Because this motion includes reference to sensitive
personal mental health information, undersigned counsel requests
Respectfully submitted this the 20th day of July, 2001.
LOUIS C. ALLEN IIIFederal Public Defender
ERIC D. PLACKEAssistant Federal Public DefenderArkansas State Bar No. 86207North Carolina State Bar No. 20671101 S. Elm Street, Suite 210Greensboro, NC 27402(336) 333-5455
2 The factors to be considered in making that determination are
set forth in United States v. Moore, 931 F.2d 245, 248 (4th Cir. 1991).
I hereby certify that copies of the foregoing Motion for
Leave to Withdraw Plea of Guilty were served on the followingparties by U.S. Mail:
Ms. Lisa B. BoggsAssistant United States AttorneyP.O. Box 1858Greensboro, NC 27402
Mr. Joseph R. MaciejewskiUnited States Probation Officer 2330 Broad StreetDurham, NC 27704
________________________________ERIC D. PLACKEAssistant Federal Public Defender
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