Opinion
2:19-cr-053 WBS
08-25-2023
UNITED STATES OF AMERICA, Plaintiff, v. DENNIS MORITA, Defendant.
ORDER
WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE
This matter is set for Judgment and Sentencing September 5, 2023. In defendant's letter to the court dated June 23, 2021, he states that, “I can honestly say that I did not realize the implications of a felony conviction at the time of agreeing to the plea agreement.” Specifically, he states that it was not until after he entered his plea of guilty that he came realize that he could be precluded from practicing before the should he be convicted of a felony. (See Docket No. 38 at 16.) In its Rule 11 colloquy with defendant at the time of the plea, although the court advised him of several consequences of a felony conviction, the court made no mention that defendant could lose the right to practice before the IRS.
Further, in his “explanation of the charges”, defendant states that, “I did not intentionally attempt to defraud anyone out of money.” (See Docket No. 38 at 18.) That paragraph sounds like a denial of his guilt on Count I of the Information.
Accordingly, on or before August 29, 2023, counsel for defendant shall file a written statement advising (1) whether defendant wises to withdraw his plea of guilty on Count 1, and (2) whether if he still wishes to proceed on his plea of guilty he admits that he acted with intent to defraud each of the victims identified in the Presentence Report; and the United States Attorney shall file a written statement advising whether in the government's opinion the court should proceed to sentence defendant under these circumstances.
IT IS SO ORDERED.