United States v. Richard Shumaker
475 F. App'x 817
3rd Cir.2012Background
- Indictment charged Shumaker with conspiracy to commit mail and wire fraud for cycling/float involving American Express accounts, causing $574,134.10 in losses.
- Shumaker pled not guilty at arraignment; six extensions granted for pretrial motions; counsel Thomassey sought to withdraw but stay granted.
- Change of plea hearing occurred May 20, 2010 after extensive colloquy; district court accepted guilty plea.
- Prior to sentencing, Shumaker filed numerous pro se filings; court admonished him to use counsel and appointed new counsel Brink.
- Sentencing postponed to February 8, 2011; Brink moved to withdraw plea and continue sentencing; hearing conducted on withdrawal of plea.
- District Court denied motion to withdraw plea on March 28, 2011; Shumaker sentenced to 27 months’ imprisonment and restitution of $574,134.40.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of withdrawal was an abuse of discretion | Shumaker | Jones | No; denial affirmed |
| Whether ineffective assistance justified withdrawal | Shumaker | Jones | No reversible error; no abuse found |
Key Cases Cited
- United States v. King, 604 F.3d 125 (3d Cir. 2010) (burden for fair and just reason is substantial)
- United States v. Jones, 336 F.3d 245 (3d Cir. 2003) (factors for withdrawal include innocence, strong reasons, prejudice)
- United States v. Brown, 250 F.3d 811 (3d Cir. 2001) (requires credible innocence and justification for withdrawal)
- United States v. Martinez, 785 F.2d 111 (3d Cir. 1986) (pre-plea burden on showing innocence and record support)
- Hill v. Lockhart, 474 U.S. 52 (1985) (plea validity requires voluntary and intelligent choice)