United States v. Goddard
638 F.3d 490
6th Cir.2011Background
- Goddard pled guilty to attempting to possess with intent to distribute 500g+ of cocaine and criminal forfeiture; sentencing set for Jan 5, 2009.
- The district court denied his motion to withdraw the plea; Goddard appealed the denial on grounds of lack of counsel at the hearing and ineffective withdrawal.
- Goddard had health issues; a rearraignment occurred Sept 29, 2008 with sworn compliance and confirmation of counsel.
- Goddard alleged he would have had more time to cooperate for a 5K1 motion and claimed immediate incarceration surprised him.
- At the Oct 9, 2008 hearing, the court explained Bashara withdrawal factors and denied withdrawal after balancing factors; government later filed 5K1.1 motions and Goddard received 180 months.
- On appeal, Goddard argues denial of withdrawal and lack of counsel at the hearing; the Sixth Circuit AFFIRMS the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Goddard showed a fair and just reason to withdraw the plea | Goddard contends factors favored withdrawal due to lack of opportunity to cooperate. | Goddard argues immediate incarceration and health issues justify withdrawal. | No abuse of discretion; Bashara factors weighed against withdrawal. |
| Whether Goddard was denied counsel at the plea-withdrawal hearing | Goddard claims ineffective assistance due to conflict after Brown sought withdrawal and counsel withdrawal. | Goddard argues he was forced to proceed pro se after Brown's withdrawal motion. | Goddard had representation; no plain error; district court did not err. |
Key Cases Cited
- United States v. Bashara, 27 F.3d 1174 (6th Cir. 1994) (multi-factor test for fair and just reason to withdraw plea)
- United States v. Bazzi, 94 F.3d 1025 (6th Cir. 1996) (nonexclusive Bashara factors guide withdrawal decision)
- United States v. Triplett, 828 F.2d 1195 (6th Cir. 1987) (burden on movant to show fair and just reason for withdrawal)
- United States v. Ellis, 470 F.3d 275 (6th Cir. 2006) (context of Bashara factors and individual factors)
- Rodriguez Benitez v. United States, 521 F.3d 625 (6th Cir. 2008) (duty to inquire when defendant dissatisfied with counsel)
- United States v. Vonn, 535 U.S. 55 (2002) (plain error review standards for counsel issues)