Head wins new trial

8^th Circuit reverses ruling

   (RLNN) - On August 21, 2003, the 8^th Circuit Court of Appeals issued an opinion, reversing the ruling on a motion to withdraw a guilty plea in the case of United States v. Robert George Head Jr.

      Head pleaded guilty to one count of aggravated assault with a dangerous weapon through a plea bargain agreement, but before sentencing, he moved to withdraw his plea. The District Court of Minnesota, the U.S. District Judge denied the motion to withdraw the plea and sentenced him to 100 months imprisonment.

      On March 5, 2003, Head was indicted on five counts related to a series of incidents occurring on January 19, 2002. He pleaded not guilty to all of the charges, and a jury trail began on August 12, 2002. On August 14, Head entered a plea of guilty to one count of assault with a dangerous weapon pursuant to a plea agreement. The remaining counts were dismissed as part of that agreement.

      Approximately three weeks later, on Sept. 4, Head filed a motion to withdraw his guilty plea. No additional proceedings took place between that time and January 29, 2003. On January 28, the court held a hearing on Head’s motion to withdraw his plea. At that hearing, the district court denied his motion to withdraw his guilty plea and sentenced him to 100 months in prison.

      In appealing, Head argued that the district court erred because it had no discretion to deny his motion to withdraw his plea.

      Rule 11(d) of the Federal Rule of Criminal Procedure provides that a defendant may withdraw a plea of guilty or nolo contendere before the court accepts the plea for any reason or for no reason, or after the court accepts the plea, but before it imposes sentence if the court rejects a plea agreement or the defendant can show a fair and just reason for requesting the withdrawal.

      The Appeals Court agreed that Head had a right to withdraw his guilty plea when he moved to do so on Sept. 4, 200, because his plea had not yet been accepted by the district court. The district court’s failure to allow him to do so was error.

      The proceedings went before Riley, Heaney, Circuit Judges, and Ericksen, District Judge.

      According to Head, by federal court of appeals procedures the government had 14 days to appeal the decision handed down by the 8^th Circuit. On Sept. 2, 2003, the government asked the court for a rehearing and a stay of mandate to consider a writ of certiorari.

      The appeals court granted them until Oct. 20, 2003. The government never filed an appeal and the mandate was sent on Oct. 27. The final judgement was entered into the district court in St. Paul, MN on Oct. 30. No trial date had been set as of this day.

      Head is represented by Patrick Noaker of the law firm of Jeff Anderson and Associates of St. Paul.