U.S. v. Haley, 86-5517
| Decision Date | 06 March 1986 |
| Docket Number | No. 86-5517,86-5517 |
| Citation | 784 F.2d 1218 |
| Parties | UNITED STATES of America, Appellee, v. Larry J. HALEY, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Thomas G. Stacy (Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washington, D.C., on brief), for appellant.
William G. Otis, Asst. U.S. Atty. (Justin W. Williams, U.S. Atty., Alexandria, Va., on brief), for appellee.
Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.
Larry J. Haley ("Haley") appeals the decision of the district court denying his motion for withdrawal of his guilty plea under Fed.R.Crim.P. 32(d). Haley had been indicted under 18 U.S.C. Sec. 1001 and 18 U.S.C. Sec. 1010 for making false statements to a department or agency of the United States. Specifically, Haley was charged with paying a third party, Arthur Rubins, $2,000 to obtain mortgage insurance under the National Housing Act from the Department of Housing and Urban Development ("HUD") in conjunction with a mortgage for a house which Haley owned in Alexandria, Virginia. Haley, who was not entitled to such insurance, put title to the house in Rubins' name and had Rubins represent to HUD that the house belonged to him. A false sales contract was drawn up which said that Rubins had made a $4,000 down payment on the house. In fact Rubins made no such deposit nor did he occupy the house. HUD approved the mortgage insurance and, when no payments were made on the mortgage, foreclosed at a loss.
On December 17, 1985, pursuant to a plea bargaining agreement, Haley agreed to plead guilty to one count of violating 18 U.S.C. Sec. 1001 after the district court conducted a full hearing on the voluntariness of his plea under Fed.R.Crim.P. 11. Over the next month, Haley had misgivings about his plea. At a hearing held on January 24, 1986, Haley asserted his innocence and advanced a "defense" for his actions, namely, that his payment to Rubins was fair consideration for an asserted option to repurchase his home.
The district court denied Haley's motion to change his plea to nolo contendere, or, alternatively to not guilty. The Government admitted it would not be prejudiced by a withdrawal of the guilty plea, but the court determined that Haley had not shown "any fair and just reason" for such a change and noted that Haley had knowingly, intelligently and voluntarily entered his guilty plea. The district court noted that Haley had known all the facts of his supposed defense at the time he made his guilty plea. Haley was sentenced to two years' imprisonment, with all but sixty days suspended. He was also ordered to make $10,000 restitution. Haley subsequently appealed from the refusal of the district court to allow him to withdraw his guilty plea.
Under Fed.R.Crim.P. 32(d),
If a motion for withdrawal of a plea of guilty or nolo contendere is made before sentence is imposed ... the court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason.
When the rule was amended in 1983, the advisory committee note to the amendment stated that "it is made clear that the defendant [under the amended version] has the burden of showing a 'fair and...
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