United States v. Jonathan May
705 F. App'x 479
| 8th Cir. | 2017Background
- Defendant Jonathan H. May pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B).
- At sentencing May moved to withdraw his guilty plea, asserting he was under duress and cognitively impaired at the time of the plea due to end-stage renal failure and dialysis.
- The district court (Judge Richard G. Kopf) conducted a Rule 11 colloquy at the change-of-plea hearing and found the plea knowing and voluntary.
- The district court reviewed medical records showing May was driving himself, had normal functional capacity, and no cognitive impairment in July 2016; the court found no indication he could not competently proceed.
- The district court denied the motion to withdraw and sentenced May below the guidelines to 48 months’ imprisonment.
- May appealed; the Eighth Circuit reviewed the denial for abuse of discretion and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether May could withdraw his guilty plea before sentencing because he was under duress/cognitively impaired | May: his acute chronic renal failure and dialysis impaired cognitive decision-making, making the plea involuntary | Government/District Court: Rule 11 colloquy and medical records show he was competent and the plea was knowing and voluntary | Affirmed: No fair and just reason to withdraw the plea; district court did not abuse discretion |
| Whether timing of the withdrawal request undermined May's claim | May: implied that illness at plea time warranted withdrawal despite delay | District Court: May had over five months to seek withdrawal; timing considered but not outcome-determinative | Court: Timing consideration was appropriate but not decisive; no abuse of discretion |
Key Cases Cited
- United States v. Qattoum, 826 F.3d 1062 (8th Cir. 2016) (standard of review for denial of motion to withdraw plea)
- United States v. Green, 521 F.3d 929 (8th Cir. 2008) (withdrawal after plea requires a fair and just reason when plea was found knowing and voluntary)
- United States v. Gray, 152 F.3d 816 (8th Cir. 1998) (evaluation framework for motions to withdraw plea)
- United States v. Yell, 18 F.3d 581 (8th Cir. 1994) (claims of mental stress insufficient without credible foundation)
- United States v. Maxwell, 498 F.3d 799 (8th Cir. 2007) (if no fair and just reason shown, district court need not reach additional factors)
The judgment is affirmed.