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U.S. v. Wilburn

Denial of Motion to Withdraw Guilty Pleas, Seek Hearing Under 'Faretta' Explained

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MEMORANDUM & ORDER On August 15, 2022, Defendant Andre Wilburn pled guilty to one count of Mann Act coercion and enticement in violation of 18 U.S.C. §2422(b) and one count of access device fraud in violation of 18 U.S.C. §§1029(a)(5), 1029(c)(1)(A)(ii). (Min. Entry dated Aug. 15, 2022.) In a letter dated October 5, 2022, Defendant moved to withdraw his guilty pleas, and requested a hearing pursuant to Faretta v. California, 422 U.S. 806 (1975). (Def.’s Mot. to Withdraw, Docket Entry No. 172.) In a handwritten letter dated October 21, 2022, Defendant moved to dismiss the Superseding Information filed on August 15, 2022 which contains the Mann Act charge to which he had pled guilty. (Def.’s Mot. to Dismiss, Docket Entry No. 178.) In subsequent letter motions and filings, Defendant supplemented the motion and moved to dismiss all charges. (Def.’s Am. Mot. to Dismiss, Docket Entry No. 186; Def.’s Second Am. Mot. to Dismiss, Docket Entry No. 192; Def.’s Third Am. Mot. to Dismiss, Docket Entry No. 194; Def.’s Fourth Am. Mot. to Dismiss, Docket Entry No. 202; Def.’s Fifth Am. Mot. to Dismiss, Docket Entry No. 209.) The Government opposes. (Gov’t Opp’n, Docket Entry No. 206.) For the reasons discussed below, the Court denies Defendant’s motions to withdraw his guilty plea and also denies Defendant’s motions to dismiss. I. Background a. Procedural Background Defendant was indicted on February 28, 2019 on charges of sexual exploitation of a child in violation of 18 U.S.C. §§2251(a) and 2251(e), and possession of child pornography in violation of 18 U.S.C. §§2252(a)(4)(B) and 2252(b)(2). (Indictment

1-2, Docket Entry No. 8.) On April 22, 2019, the grand jury returned a superseding indictment charging Defendant with three additional counts of possession of child pornography. (Superseding Indictment

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