United States v. Zakirov
United States v. Zakirov
Opinion of the Court
On March 16, 2018, Akmal Zakirov ("Defendant") pled guilty to Counts One and Two of the Third Superseding Indictment (S-3) filed in this action, charging him with conspiracy to provide material support to a foreign terrorist organization in violation of 18 U.S.C. § 2339B(a)(1) and attempt to provide material support to a foreign terrorist organization in violation of 18 U.S.C. § 2339B(a)(1). In a handwritten letter dated March 22, 2018, Defendant requests to withdraw his guilty plea. ECF No. 274. For the following reasons, Defendant's request is DENIED.
BACKGROUND
On May 9, 2016, the Government filed the Third Superseding Indictment in this action against Defendant and four co-defendants. See Third Superseding Indictment (S-3), ECF No. 135. The Government charges Defendant with one count of Conspiracy to Provide Material Support to a Foreign Terrorist Organization in violation of 18 U.S.C. § 2339B(a)(1) and one count of Attempt to Provide Material Support to a Foreign Terrorist Organization in violation of 18 U.S.C. § 2339B(a)(1). Id. at 1-2. As alleged in the Third Superseding Indictment, Defendant knowingly and intentionally conspired to and attempted to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a foreign terrorist organization. Id. The Third Superseding Indictment also contains one count of Conspiracy to Use a Firearm in violation of
On December 20, 2017, this Court sentenced defendant Saidakhmetov to 180 months of custody following his plea of guilty to Count One of the Third Superseding Indictment. Judgment as to Saidakhmetov, ECF No. 263. On August 29, 2017, defendant Habibov pled guilty to Counts One and Three of the Third Superseding Indictment. ECF No. 225. Defendant Habibov has not been sentenced yet. On October 27, 2017, this Court sentenced Abdurasul Juraboev, another co-defendant in this action, to 180 months of imprisonment following his guilty plea to Count One of the Second Superseding Indictment (S-2), ECF No. 63, charging him with Conspiracy to Provide Material Support *441to a Foreign Terrorist Organization in violation of 18 U.S.C. § 2339B(a)(1). Judgment as to Juraboev, ECF No. 252.
On March 16, 2018, Defendant pled guilty to Counts One and Two of the Third Superseding Indictment, and this Court accepted his plea. ECF No. 275. Defendant is the fourth defendant to plead guilty in this case. In a handwritten letter addressed to this Court dated March 22, 2018 and filed on April 2, 2018, Defendant requests to withdraw his guilty plea. Defendant's March 22, 2018 Letter, ECF No. 274. Defendant's letter asserts that Defendant's attorney, Mr. Joshua Dratel, met with Defendant two days before the guilty plea hearing "only for 2-3 minutes without a translator, when Mr. Dratel abruptly left."
DISCUSSION
I. Legal Standard for Withdrawal of a Guilty Plea
Federal Rule of Criminal Procedure 11 governs the withdrawal of a guilty plea after the plea has been accepted by the Court.
To evaluate whether a defendant has provided a "fair and just reason," courts consider, inter alia , "(1) whether the defendant has asserted his or her legal innocence in the motion to withdraw the guilty plea; (2) the amount of time that has elapsed between the plea and the motion (the longer the elapsed time, the less likely withdrawal would be fair and just); and (3) whether the government would be prejudiced by a withdrawal of the plea." Schmidt ,
*442"A defendant has no automatic entitlement to have such a motion granted, for '[s]ociety has a strong interest in the finality of guilty pleas,' and allowing withdrawal of pleas not only 'undermines confidence in the integrity of our judicial procedures,' but also 'increases the volume of judicial work, and delays and impairs the orderly administration of justice.' " Maher ,
Furthermore, "[a] defendant is not entitled to an evidentiary hearing as a matter of right whenever he seeks to withdraw his guilty plea. Although the standard to be applied in granting a hearing is less rigorous than the standard for granting the motion to withdraw the plea, the defendant must present some significant questions concerning the voluntariness or general validity of the plea to justify an evidentiary hearing." United States v. Gonzalez ,
II. Application
Defendant has failed to articulate a "fair and just reason" for withdrawing his guilty plea, as required by Rule 11. As this Court understands Defendant's letter, Defendant argues he should be permitted to withdraw his guilty plea because (i) he did not fully understand his plea agreement and the consequences of pleading guilty, and (ii) he pled guilty because he felt coerced. Both of these claims are belied by Defendant's sworn statements during the plea hearing.
During the plea hearing, Defendant stated to this Court on multiple occasions that he understood the rights he was giving up by pleading guilty and the consequences of his guilty plea. Specifically, Defendant stated he understood he had a right to *443plead not guilty and proceed to trial, and by pleading guilty, he was giving up all of the associated rights he would otherwise have, including the presumption of innocence, his right to call witnesses, and his right to testify on his behalf if he chose to so testify. March 16, 2018 Hearing Transcript ("Tr.") 11:18-13:19. Defendant stated he understood he was giving up his right to appeal even if he were sentenced to up to 360 months of imprisonment. Tr. 13:12-14:5. The Court advised Defendant of the statutory penalties he faces for Counts One and Two of the Third Superseding Indictment, and Defendant affirmed he understood each of those penalties, including that he could be deported and removed from this country. Tr. 15:7-17:8. Defendant confirmed that his attorney, Mr. Dratel, had discussed the sentencing guidelines with him, and after being asked if he had any questions for the Court, Defendant said no. Tr. 17:16-18:13. An Uzbek interpreter was present for the proceeding "essentially on standby" because, according to Mr. Dratel, "Mr. Zakirov's English is very good, but we just wanted to make sure he was fully comfortable with all the concepts that the Court would present in the course of an allocution." Tr. 2:22-3:1. At no point during the plea hearing did Defendant in any way indicate that he needed the services of the interpreter to understand what was happening. Furthermore, this Court specifically asked Defendant if he was satisfied with the assistance of his counsel, and Defendant stated he was satisfied and believed he had received the effective assistance of counsel in his case. Tr. 10:25-11:6. Mr. Dratel also advised the Court that he had discussed the question of a guilty plea with Defendant and, in Mr. Dratel's view, Defendant understood the rights he was waiving by pleading guilty. Tr. 10:15-21.
After pleading guilty to Counts One and Two of the Third Superseding Indictment, in response to this Court's questions, Defendant affirmed he was pleading guilty voluntarily and of his own free will with respect to each count. Tr. 20:8-17. This Court asked Defendant if anyone had threatened or forced him to plead guilty, and Defendant stated no one had forced or threatened him to plead guilty. Tr. 20:18-23. Defendant allocuted to agreeing with others and attempting to provide funding for persons to travel to Syria to join and fight for ISIS, which Defendant knew to be a foreign terrorist organization. Tr. 21:6-21. Finding Defendant was acting voluntarily and with a full understanding of the charges, his rights, and the consequences of his plea, and finding a factual basis for the plea, this Court accepted Defendant's guilty plea to Counts One and Two of the Third Superseding Indictment. Tr. 22:7-15.
Where, as here, a defendant's allegations in support of a motion to withdraw a guilty plea after acceptance by the Court "merely contradict the record ... or are simply conclusory," a district court may deny a motion to withdraw a guilty plea without a hearing. Torres ,
CONCLUSION
Defendant pled guilty to conspiring to provide and attempting to provide material support to ISIL, a known terrorist organization. Defendant has failed to meet his burden of showing a fair and just reason for withdrawal of his guilty plea, as the law requires. Defendant's request to withdraw his guilty plea is therefore DENIED.
SO ORDERED.
Federal Rule of Criminal Procedure 32(e) formerly governed withdrawal of a guilty plea, but the 2002 amendments to the Federal Rules of Criminal Procedure moved the provisions dealing with withdrawal of a guilty plea to Rule 11. See United States v. Lopez ,
Reference
- Full Case Name
- United States v. Akmal ZAKIROV
- Status
- Published