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UNITED STATES OF AMERICA v. ANTHONY DERRELL FOYE, a/k/a Ace, a/k/a Bull
Date: 02-12-2019
Case Number: 18-4309
Judge: PER CURIAM
Court: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Plaintiff's Attorney: G. Zachary Terwilliger, United States Attorney
Andrew Bosse, Assistant United States Attorney
Defendant's Attorney: Amy L. Austin
Melinda R. Glaubke
Description:
Anthony Derrell Foye appeals the district court’s denial of his motion to withdraw
his guilty plea. Foye pled guilty, pursuant to a plea agreement, to four counts of murder
in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and (2) (2012). In
exchange for Foye’s plea, the Government agreed not to seek the death penalty and to
dismiss the remaining charges in the indictment. Foye pled guilty pursuant to the
agreement, and the Government filed notice that it would not seek the death penalty.
Thereafter, Foye moved to withdraw his guilty plea, which the district court denied after
an evidentiary hearing. The court sentenced Foye to four concurrent life sentences, as
specified in the plea agreement. Fed. R. Crim. P. 11(c)(1)(C).
After a district court accepts a guilty plea, but before sentencing, a defendant may
withdraw his plea if he “can show a fair and just reason for requesting the withdrawal”
Fed. R. Crim. P. 11(d)(2)(B). “[T]he defendant bears the burden of demonstrating that
withdrawal should be granted.” United States v. Dyess, 478 F.3d 224, 237 (4th Cir.
2007). We review the district court’s denial of a motion to withdraw a guilty plea for
abuse of discretion. United States v. Nicholson, 676 F.3d 376, 383 (4th Cir. 2012).
Upon our review of the record, we conclude that the district court did not abuse its
discretion in denying Foye’s motion to withdraw his plea.
Anthony Derrell Foye appeals the district court’s denial of his motion to withdraw
his guilty plea. Foye pled guilty, pursuant to a plea agreement, to four counts of murder
in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and (2) (2012). In
exchange for Foye’s plea, the Government agreed not to seek the death penalty and to
dismiss the remaining charges in the indictment. Foye pled guilty pursuant to the
agreement, and the Government filed notice that it would not seek the death penalty.
Thereafter, Foye moved to withdraw his guilty plea, which the district court denied after
an evidentiary hearing. The court sentenced Foye to four concurrent life sentences, as
specified in the plea agreement. Fed. R. Crim. P. 11(c)(1)(C).
After a district court accepts a guilty plea, but before sentencing, a defendant may
withdraw his plea if he “can show a fair and just reason for requesting the withdrawal”
Fed. R. Crim. P. 11(d)(2)(B). “[T]he defendant bears the burden of demonstrating that
withdrawal should be granted.” United States v. Dyess, 478 F.3d 224, 237 (4th Cir.
2007). We review the district court’s denial of a motion to withdraw a guilty plea for
abuse of discretion. United States v. Nicholson, 676 F.3d 376, 383 (4th Cir. 2012).
Upon our review of the record, we conclude that the district court did not abuse its
discretion in denying Foye’s motion to withdraw his plea.
Outcome:
Accordingly, we affirm. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
Plaintiff's Experts:
Defendant's Experts:
Comments: