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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONUNITED STATES OF AMERICA::CRIMINAL CASE NOS.v. ::1:08-CR-082-1-CCCHRISTOPHER STOUFFLET: 1:06-CR-337-1-CC
GOVERNMENT’S RESPONSE TO DEFENDANT’SAMENDED MOTION TO WITHDRAW GUILTY PLEA
The United States, by its counsel, David E. Nahmias, United States Attorneyfor the Northern District of Georgia, and Randy S. Chartash and Lawrence R.Sommerfeld, Assistant United States Attorneys, files this Response to Defendant'sAmended Motion to Withdraw Guilty Plea.I.
Background
On February 20, 2009, almost a year following his March 4, 2008 guilty pleamade under oath before this Court, Defendant filed a Motion to Withdraw Guilty Plea[Doc 16]. As directed by the Court, on March 20, 2009, the United States filed aresponse to the Defendant's Motion [Doc 19]. On April 15, 2009, Defendant filed anAmended Motion to Withdraw Guilty Plea [Doc 22], and on May 14, 2009,Defendant filed a Correction of Previous Legal Citation [Doc 24]. The United States
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2now files this Response to Defendant's Amended Motion to Withdraw Guilty Plea.The United States hereby incorporates its previously filed Response to Defendant'sMotion to Withdraw Guilty Plea [Doc 19]. This filing is to respond to the additionalmaterial present in Defendant's Amended Motion [Doc 22].II.
Discussion
A.
Defendant’s Amended Motion Fails to Provide Any Legal Basis ToSupport Withdrawal of Defendant's Guilty Plea.
As thoroughly discussed in the United States's Response to Defendant's Motionto Withdraw Guilty Plea [Doc 19], the Defendant's original Motion to WithdrawGuilty Plea failed to establish any legal basis supporting withdrawal of Defendant'sguilty plea, particularly almost a year following the guilty's plea acceptance by thisCourt. In his original motion, Defendant conceded that "close assistance of counselwas available" for his guilty plea. [Doc 16] at 9. Rather than any discussion of thelegal standard, the Defendant made conclusory statements that his plea "was notknowing and voluntary" and that he felt "numb" and did not appreciate his actions,[Doc 16] at 8, all of which are unsupported and run contrary to the record in this case.
See
[Doc 19] at 10-15; Tr. of Guilty Plea Proceedings, March 4, 2008 (“Tr.”), at 21,24.; [Doc 5] at 18-19. Put simply, Defendant's original motion failed to sufficiently
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3set forth a legal basis supporting withdrawal of his guilty plea.The Government's Response, in contrast, set forth the Eleventh Circuit standardfor withdrawal of pleas and showed that based on the controlling law, Defendant'smotion must be denied. [Doc 19] at 6-21. In particular, the Eleventh Circuit places the burden on the Defendant, and states that the District Court should consider: "(1)whether close assistance of counsel was available; (2) whether the plea was knowingand voluntary; (3) whether judicial resources would be conserved; and (4) whether the government would be prejudiced if the defendant were allowed to withdraw his plea." [Doc 19] at 6 (quoting
United States v. Brehm
, 442 F.3d 1291, 1298 (11th Cir.2006) (quotation omitted)). The United States analyzed each of the four factors, anddemonstrated that each supported denial of the Defendant's Motion. [Doc 19] at 6-21.Indeed, Defendant conceded the first factor, that close assistance of counsel wasavailable to him, [Doc 16] at 9, and provided no serious discussion of the other factors.Surprisingly, Defendant's amended motion does not even attempt to addressany of the four factors set forth by the Eleventh Circuit. If the discussion of thefactors is almost non-existent in the Defendant's original motion, Defendant'samended motion is devoid of any mention of the factors at all. After the UnitedStates's thorough analysis demonstrating the complete lack of legal basis to
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