United States v. Akpieyi
2:23-cr-00190
| E.D. La. | Apr 28, 2025Background
- Emuobosan Emmanuella Hall was charged with conspiracy to commit mail and wire fraud and money laundering related to a romance scam case, following a superseding indictment with her daughter and another defendant.
- Hall entered a guilty plea on February 26, 2025, pursuant to a plea agreement.
- After her plea, her counsel withdrew, and Hall obtained new representation.
- Hall subsequently filed a motion to withdraw her guilty plea, alleging she was bullied during a proffer session and that her plea was not voluntary.
- The government opposed the motion, and the court held an evidentiary hearing.
- The court analyzed the motion under the factors set forth by the Fifth Circuit for withdrawal of guilty pleas.
Issues
| Issue | Hall's Argument | Government's Argument | Held |
|---|---|---|---|
| Should Hall be allowed to withdraw her guilty plea before sentencing? | Hall claims plea was involuntary due to government pressure and is factually innocent. | The plea was knowing, voluntary, and with counsel; no evidence of government misconduct; withdrawal would prejudice government and court. | Motion denied; all factors weigh against withdrawal. |
Key Cases Cited
- United States v. Carr, 740 F.2d 339 (5th Cir. 1984) (sets out factors courts consider when a defendant moves to withdraw a guilty plea)
- United States v. Lampazianie, 251 F.3d 519 (5th Cir. 2001) (statements made by defendants in court during plea colloquy carry a strong presumption of truth)
- United States v. Gaitan, 954 F.2d 1005 (5th Cir. 1992) (applies Carr factors and discusses requirement for a fair and just reason to withdraw a plea)
- United States v. Still, 102 F.3d 118 (5th Cir. 1996) (no absolute right to withdraw a guilty plea; defendant bears burden of showing fair and just reason)