United States v. Jason David Austin, 413 F.3d 856 (8th Cir. 2005). · Go Syfert
United States v. Jason David Austin, 413 F.3d 856 (8th Cir. 2005). Cases Citing This Book View Copy Cite
40 citation events (40 in the last 25 years) across 3 distinct courts.
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At page 857 Factors for considering motion to withdraw guilty plea19 citing cases
  • United States v. Hector Avila-Luna, 387 F. App'x 648 (8th Cir. 2010).unpublished
    If the defendant establishes a fair and just reason, then the “court should also consider whether the defendant has asserted his innocence to the charge, the length of time between the guilty plea and the motion to withdraw, and whether th…
  • United States v. Sampson, 606 F.3d 505 (8th Cir. 2010).published
    Rule 11(d)(2)(B) of the Federal Rules of Criminal Procedure allows a defendant to withdraw a plea of guilty before sentencing if “the defendant can show a fair and just reason for requesting the withdrawal.” Other relevant factors include…
  • United States v. Miell, 711 F. Supp. 2d 967 (N.D. Iowa 2010).published 2 cites
    In addition to considering whether there is a “fair and just reason” for the defendant to be allowed to withdraw his guilty plea, “[t]he district court may also consider any assertions of legal innocence, the amount of time between the ple…
  • United States v. Davis, 583 F.3d 1081 (8th Cir. 2009).published
    Under Fed.R.Crim.P. 11(d)(2)(B), a guilty plea may be withdrawn before sentencing if “the defendant can show a fair and just reason for requesting the withdrawal.” The district court may also “consider whether the defendant asserts his leg…
  • United States v. Mack Davis, Jr., No. 08-3254 (8th Cir. Oct. 8, 2009).published
    P. 11(d)(2)(B), a guilty plea may be withdrawn before sentencing if “the defendant can show a fair and just reason for requesting the withdrawal.” The district court may also “consider whether the defendant asserts his legal innocence to t…
  • United States v. Maxwell, 498 F.3d 799 (8th Cir. 2007).published 2 cites
    United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005).
  • United States v. Curtis Maxwell, No. 06-3950 (8th Cir. Aug. 17, 2007).published 2 cites
    United States v. Austin, 413 F.3d 856, 857 (8th Cir. 2005).
  • United States v. Mark T. Davis, 452 F.3d 991 (8th Cir. 2006).published 2 cites
    United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005).
  • United States v. Mark Davis, No. 05-3738 (8th Cir. July 11, 2006).published
    United States v. Austin, 413 F.3d 856, 857 (8th Cir. 2005).
  • United States v. R. Ramirez-Hernandez, No. 05-3386 (8th Cir. June 5, 2006).published
    United States v. Austin, 413 F.3d 856, 857 (8th Cir. 2005).
Show 9 more citing cases
  • United States v. Rene Ramirez-Hernandez, 449 F.3d 824 (8th Cir. 2006).published
    United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005).
  • United States v. Maurice Wilkins, 178 F. App'x 619 (8th Cir. 2006).unpublished
    See Fed.R.Crim.P. 11(d)(2)(B); United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005) (per curiam) (standard of review).
  • United States v. Barnett, 426 F. Supp. 2d 898 (N.D. Iowa 2006).published
    In addition to considering whether there is a “fair and just reason” for the defendant to be allowed to withdraw his guilty plea, “[t]he district court may also consider any assertions of legal innocence, the amount of time between the ple…
  • United States v. Mendoor Smith, No. 04-3461 (8th Cir. Sept. 6, 2005).published
    “Besides ‘any fair and just reason,’ a court should also consider whether the defendant has asserted his innocence to the charge, the length of time between the plea of guilty and the motion to withdraw, and whether the government will be…
  • United States v. Mendoor Lamont Smith, United States of Am. v. Darrian Deangelis Jordan, 422 F.3d 715 (8th Cir. 2005).published 2 cites
    “Besides ‘any fair and just reason,’ a court should also consider whether the defendant has asserted his innocence to the charge, the length of time between the plea of guilty and the motion to withdraw, and whether the government will be…
  • United States v. Booker McKinney, 139 F.4th 690 (8th Cir. 2025).published
    See United States v. Smith, 422 F.3d 715, 723 (8th Cir. 2005) (noting that in deciding whether a defendant may withdraw a plea, the district court “consider[s] whether the defendant has asserted his innocence to the charge, the length of t…
  • United States v. Teeter, 561 F.3d 768 (8th Cir. 2009).published
    See United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005).
  • United States v. Curtis Teeter, No. 07-3631 (8th Cir. Apr. 6, 2009).published
    See United States v. Austin, 413 F.3d 856, 857 (8th Cir. 2005).
  • United States v. Joseph M. Klingner, 167 F. App'x 582 (8th Cir. 2006).unpublished
    See United States v. Austin, 413 F.3d 856, 857 (8th Cir.2005).
At page 858 “After carefully reviewing the record, we reject Austin’s argument that his plea was not made voluntarily.”1 citing casethe opinion's own words at *858
  • United States v. Richard Johnson, 512 F. App'x 648 (8th Cir. 2013).unpublished
    We have previously rejected a defendant’s claim that his plea was not voluntary where “[t]he district court inquired fully into [the defendant’s] state of mind at the time of the change[-]of[-]plea hearing, whether he had adequately review…
At page 856 “besides 'any fair and just reason,' a court should also consider whether the defendant has asserted his innocence to the charge, the length of time between the plea of guilty and the motion to withdraw, and whether the government will be prejudiced by the withdrawal.”0 citing cases2 citing courts quote it
    Retrieving the full opinion text from the archive…
    UNITED STATES of America, Appellee,
    v.
    Jason David AUSTIN, Appellant
    04-4199.
    Court of Appeals for the Eighth Circuit.
    Jun 27, 2005.
    Published opinion
    413 F.3d 856
    2005 U.S. App. LEXIS 12679
    2005 WL 1500903
    Gary R. Bryanb-Wolf, Minneapolis, MN, for appellant., Joseph T. Dixon, III, Asst. U.S. Atty., Minneapolis, MN, for appellee.
    Melloy, Heaney, Gruender.
    Cited by 23 opinions  |  Published
    PER CURIAM.

    Jason David Austin was indicted and charged with a single count of bank robbery in violation of 18 U.S.C. § 2113(a). On May 17, 2004, Austin appeared before the district court [1] to enter a plea of guilty. The district court inquired into Austin’s understanding of the plea agreement and of the consequences of pleading guilty. The district court also made the inquiries of Austin necessary to determine that the change of plea was made knowingly and voluntarily, and without coercion, threat or promise other than that made in the plea agreement. After complying with the requirements of Rule 11 of the Federal Rules of Criminal Procedure, the district court accepted the guilty plea and set a date for sentencing.

    Six weeks later, Austin filed a pro se motion to withdraw his guilty plea, asserting that his attorney and the Government coerced him into entering a guilty plea and that he was “nonintelligible to the court’s stipulation to the agreement of the plea.” The district court denied Austin’s motion, finding that it failed to state any facts in support of the allegations and that the allegations were contrary to statements Austin had made under oath during the change of plea hearing. At sentencing, Austin withdrew his claim of coercion and instead argued that he regretted his decision to change his plea because it was made hastily. The district court reaffirmed its denial of the motion to withdraw the guilty plea and sentenced Austin to 210 months’ imprisonment.

    Prior to sentencing, a defendant may be allowed to withdraw a guilty plea if he can show a fair and just reason for requesting the withdrawal. Fed.R.Crim.P. 11(d)(2)(B); see also United States v. Wicker, 80 F.3d 263, 266 (8th Cir.1996) (recognizing that though the “fair and just” standard is a liberal one, it does not create an automatic right to withdraw a plea). Besides “any fair and just reason,” a court should also consider whether the defendant has asserted his innocence to the charge, the length of time between the plea of guilty and the motion to withdraw, and whether the government will be prejudiced by the withdrawal. United States v. Soriano-Hernandez, 310 F.3d 1099, 1104 n. 7 (8th Cir.2002). If a defendant fails to establish a fair and just reason for withdrawing a guilty plea, the district court need not address the remaining factors. Wicker, 80 F.3d at 266. The defendant bears the burden of proving why withdrawal of his guilty plea should be permitted. United States v. Morales, 120 F.3d 744, 747 (8th Cir.1997). We review the district court’s denial of a motion to withdraw a plea for an abuse of discretion. Id.

    On appeal, Austin argues only that the decision to change his plea was hastily made and, as a result, not fully voluntary.[*858] See United States v. Morrison, 967 F.2d 264, 268 (8th Cir.1992) (“The plea of guilty is a solemn act not to be disregarded because of belated misgivings about [its] wisdom.”) (quoting United States v. Woosley, 440 F.2d 1280, 1281 (8th Cir.1971)); see also United States v. Stuttley, 103 F.3d 684, 686 (8th Cir.1996) (“Post-plea regrets by a defendant caused by contemplation of the prison term he faces are not a fair and just reason for a district court to allow a defendant to withdraw a guilty plea, or for this court to reverse the district court.”). After carefully reviewing the record, we reject Austin’s argument that his plea was not made voluntarily. The district court inquired fully into Austin’s state of mind at the time of the change of plea hearing, whether he had adequately reviewed and considered the plea agreement, and whether he understood the plea agreement and the consequences of pleading guilty. Because the district court did not abuse its discretion in denying Austin’s motion to withdraw his guilty plea, we affirm.

    1

    . The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.