Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Collyard

United States District Court, Eighth Circuit

May 28, 2013

United States of America, Plaintiff,
v.
Gary Albert Collyard, Defendant.

David J. MacLaughlin and Benjamin F. Langner, United States Attorney's Office, for Plaintiff.

William J. Mauzy and Casey T. Rundquist, The Law Offices of William J. Mauzy, for Defendant.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, District Judge.

This matter is before the Court on Defendant Gary Albert Collyard's ("Defendant") Amended Motion to Withdraw Guilty Pleas. [Doc. No. 59]. The United States of America ("the Government") opposes Defendant's motion. [Doc. No. 65]. On May 13, 2013, the Court conducted an evidentiary hearing to examine evidence relating to Defendant's amended motion. (Min. Entry for Evidentiary Hr'g [Doc. No. 73].) For the reasons that follow, the Court denies Defendant's motion.

I. BACKGROUND

A. Factual Background

On February 22, 2012, the United States Attorney for the District of Minnesota charged Defendant with conspiracy to commit securities fraud (Count 1) in violation of 15 U.S.C. §§ 78j(b) and 78ff, 17 C.F.R. § 240.10b-5, and 18 U.S.C. § 371. (Felony Information [Doc. No. 1].) Defendant was also charged with conspiracy to commit bank fraud (Count 2) in violation of 18 U.S.C. § 1344 and 18 U.S.C. § 371. (Id.) On February 27, 2012, the Government filed an Amended Information, changing the alleged start date of Defendant's conspiracy to commit securities fraud from January 2010 to January 2006. (Am. Felony Information [Doc. No. 6].) Defendant pled guilty to Counts 1 and 2 of the Amended Information under the terms of a written plea agreement. (Plea Agreement ¶ 1 [Doc. No. 11]; Plea Hr'g Tr. at 32 [Doc. No. 61-1].)

At the change-of-plea hearing on February 27, 2012, this Court examined Defendant's competency to enter a plea.

THE COURT: I have to ask you certain questions that I have to ask everybody. Have you had any alcohol in the last 24 hours?
DEFENDANT: No, Your Honor.
THE COURT: Have you had any drugs in the last 24 hours? And before you answer that, I mean over-the-counter drugs, prescribed drugs, or illicit drugs.
DEFENDANT: I am on a prescribed medication called Vicodin. And the last time that I took that was Saturday afternoon.
THE COURT: Okay. So, you haven't had any Vicodin since Saturday afternoon?
DEFENDANT: That is [sic] correct.
THE COURT: And here we are Monday afternoon.
DEFENDANT: That is correct. I am taking Tylenol.
THE COURT: Tylenol, okay. Did you take the prescribed amount of Tylenol in the last 24 hours?
DEFENDANT: Oh, yes.
THE COURT: Have those drugs in any way affected your ability to think clearly here today?
DEFENDANT: No, Your Honor.

(Plea Hr'g Tr. at 5.)

The Court also asked whether Defendant was satisfied with the performance of then-counsel, Thomas Brever.

THE COURT: Have you told him [Mr. Brever] everything you want him to know about your case?
DEFENDANT: I have tried to, Your Honor.
THE COURT: Okay. Are you satisfied with his services?
DEFENDANT: Yes, Your Honor.
THE COURT: When you say you have tried to, is there something that you haven't had a chance to talk to him about?
DEFENDANT: Your Honor, not to be persnickety, I am just trying to gather up all of the information I know. I think I have.
THE COURT: Have you withheld anything from him?
DEFENDANT: No, Your Honor.

(Id. at 6.)

Mr. Brever described his interactions with Defendant during the course of the representation and his impressions of Defendant's competency to enter a plea.

THE COURT: Mr. Brever, have you had a fair amount of time to investigate the law and the facts of your client's case and discuss them with him?
MR. BREVER: Yes, I have, Your Honor. I represented Mr. Collyard for several months, now. We have received information from governmental authorities regarding the underlying facts of this case.
Mr. Collyard and I have discussed those facts, repeatedly. We have adopted positions towards them, discussed them in detail, and considered carefully what to do in this circumstance. And after consideration of all of the evidence, Mr. Collyard, after discussion with me, is here today to plead guilty.
DEFENDANT: Yes, Your Honor. We certainly did.
THE COURT: Thank you. Are you satisfied Mr. Collyard understands the full range of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.