United States v. Toth, No. 10-6218 (6th Cir. 2012)
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One of 14 individuals charged with, among other things conspiring to steal government property, as part of a scheme to defraud the VA of disability benefits, defendant proceeded to trial, but on the third day, changed his mind and pleaded guilty. He entered into a written plea agreement that included an appellate waiver provision. He sent a letter to the court, 80 days later, complaining that he had been coerced into pleading guilty by counsel. The district court appointed new counsel, held an evidentiary hearing, denied the motion, and imposed a 21-month sentence. The Sixth Circuit dismissed an appeal. The defendant never professed innocence, was competent, and accepted a plea that included a waiver of appeal.
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