US v. Nahodil
| Decision Date | 06 September 1991 |
| Docket Number | No. 4:CR-90-306.,4:CR-90-306. |
| Citation | 776 F. Supp. 991 |
| Parties | UNITED STATES of America v. David L. NAHODIL. |
| Court | U.S. District Court — Middle District of Pennsylvania |
George J. Rocktashel, Asst. U.S. Atty., Lewisburg, Pa., for U.S.
D. Toni Byrd, Asst. Federal Public Defender, Harrisburg, Pa., for defendant.
On November 15, 1990 David Nahodil was indicted in a four-count indictment charging firearms violations. Count I alleged that on or about April 13, 1989, Nahodil used and carried a Savage combination .22 caliber rifle/20 gauge shotgun during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Count II charged that Nahodil, a convicted felon, possessed the aforementioned rifle in violation of 18 U.S.C. § 922(g). Count III charged a second violation of 18 U.S.C. § 922(g) for Nahodil's alleged possession of a 20 gauge Westernfield shotgun. Count IV alleged that on or about July 25, 1989, Nahodil made a false statement in connection with his acquisition of the Westernfield shotgun, in violation of 18 U.S.C. § 922(a)(6).
On March 14, 1991, a superseding five-count indictment was filed against Nahodil. Count I of the superseding indictment charged Nahodil with making a false statement in connection with his acquisition of the Savage combination .22 caliber rifle/20 gauge shotgun in violation of 18 U.S.C. § 922(a)(6). The remaining four counts of the superseding indictment are identical to the original four-count indictment.
Nahodil entered into a plea agreement whereby he agreed to plead guilty to Count II of the superseding indictment charging him with using or carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1), and the United States agreed to dismiss the four remaining counts in the superseding indictment. The plea agreement was executed by Nahodil and United States Attorney James J. West on May 22 and May 24, 1991, respectively. As a result of the plea agreement, a change of plea hearing was held on May 31, 1991. At the hearing, Nahodil pled guilty to Count II of the superseding indictment, which charged that:
The hearing, which lasted more than one hour, was repeatedly delayed to allow Nahodil to consult with his attorney. Nahodil sought the advice of his counsel no less than seven times during the hearing. Apparently, Nahodil's chief concern during the hearing was that, although the firearm and drugs were located in the same room, he did not feel that this amounted to the use of a firearm "during and in relation to a drug trafficking offense". Nahodil stated that the firearm was brought up as a conversation piece and was never used as a threat. Due to this concern, the court questioned Nahodil regarding the firearm to ensure that under current legal standards it was in fact used to facilitate drug trafficking.
On June 14, 1991, Nahodil filed a motion to withdraw his guilty plea pursuant to Fed.R.Crim.P. 32(d). He contends that he is not guilty of using a firearm "during and in relation" to a drug trafficking crime, and that Deborah Braun, the confidential informant and key witness in this case, has not been truthful. By supplemental brief, the government has notified the court that Deborah Braun died on August 11, 1991, at Shamokin General Hospital. Although the cause and manner of death are still under investigation, the government indicates that death was apparently due to a drug overdose.
"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 or just reason." Fed.R.Crim.P. 32(d). A determination of whether to allow withdrawal of a guilty plea requires consideration of the facts and circumstances in each case. United States v. Crowley, 529 F.2d 1066, 1071 (3d Cir.1976). Such a motion should be construed liberally in favor of the accused. United States v. Young, 424 F.2d 1276, 1279 (3d Cir.1970); United States v. Hancock, 607 F.2d 337 (10th Cir.1979).
However, a criminal defendant has no absolute right to withdraw a guilty plea under Rule 32(d). United States v. Martinez, 785 F.2d 111, 115 (3d Cir.1986), citing United States v. Trott, 779 F.2d 912, 915 (3d Cir.1985); Government of the Virgin Islands v. Berry, 631 F.2d 214, 219-20 (3d Cir.1980). Withdrawal of a guilty plea is a privilege, not a right. Id. at 220.1
Both parties have cited Third Circuit cases for the three factors which the court of appeals considers when reviewing a district court's disposition of a motion to withdraw a guilty plea pursuant to Rule 32(d). These three factors are: 1) whether the defendant asserts his innocence; 2) whether the government would be prejudiced by withdrawal; and 3) the strength of the defendant's reasons for moving to withdraw. See, e.g., United States v. Martinez, 785 F.2d at 114.2 While this is a correct recitation of the law concerning the court of appeals' review of a district court's ruling on a Rule 32(d) motion, the court prefers to determine the motion in accordance with the analysis set forth in the advisory notes to the Rule. This approach combines above factors (1) and (3), as they both relate to defendant's reasons for seeking the plea withdrawal, and makes them the initial consideration for the court. The court does not consider whether the government would be prejudiced by withdrawal of the plea unless and until the defendant first establishes a "fair and just" reason for the withdrawal of the plea.
To continue reading
Request your trial
-
U.S. v. Allen, CR 94-4030-MWB.
... ... Morrison, 967 F.2d at 269 n. 4 (citing United States v. Nahodil, 776 F.Supp. 991, 996 (M.D.Pa.1991), aff'd, 972 F.2d 1334 (3d Cir.) (Table), cert. denied, 506 U.S. 1026, 113 S.Ct. 672, 121 L.Ed.2d 595 (1992)) ... 4. In Burney, the Eighth Circuit Court of Appeals also noted that the United States Sentencing Guidelines specifically provide for ... ...
-
State v. Bollig
... ... See e.g., United States v. Ramos, 810 F.2d 308, 313 (1st Cir. 1987) ; United States v. Hancock, 607 F.2d 337, 338 (10th Cir. 1979) ; United States v. Nahodil, 776 F. Supp. 991, 996 (M.D.Pa. 1991) ... 232 Wis.2d 580 ¶ 37. The Commentary to Standard 14-2.1(a) of the ABA Standards for Pleas of Guilty also recognizes the shifting of the burden. The Commentary states: "[a]ssuming that the defendant establishes a fair and just reason, ... ...
- U.S. v. Nahodil
-
U.S. v. Morrison
... ... Picone, 773 F.2d 224, 226 (8th Cir.1985) ... 3 See generally Blackledge v. Allison, 431 U.S. 63, 71-75, 97 S.Ct. 1621, 1627-30, 52 L.Ed.2d 136 (1977); Brady v. United States, 397 U.S. 742, 756-57, 90 S.Ct. 1463, 1473, 25 L.Ed.2d 747 (1970) ... 4 See, e.g., United States v. Nahodil ... ...