United States v. Dyer

Dyer was charged in a fraudulent real estate (farmland) investment scheme. Dyer represented himself, with standby counsel. The judge admonished Dyer in the presence of the jury, that he must “follow the same rules of every lawyer.” Dyer stated that he wanted to stop the trial and plead guilty. Meanwhile, Dyer had been charged in a fraudulent insurance scheme. Dyer agreed to plead guilty to two counts of wire fraud and two counts of unlawful financial transactions in exchange for dismissal of the remaining charges in both cases and a third case. At a change-of-plea hearing. Dyer testified that he was comfortable reading complex documents and had reviewed the agreement “extensively” with standby counsel. Dyer confirmed that no threats or inducements were made; that he was not using drugs or alcohol; and that the allegations were true. Both judges accepted the pleas. Dyer moved to withdraw his "farmland" plea before his sentencing hearing, claiming that Judge Stadtmueller was biased. The court denied Dyer’s motion and sentenced him to 180 months’ imprisonment. Weeks later, Dyer asked to withdraw his "insurance case" plea, explaining that he was innocent but felt prejudiced by the proceedings in Judge Stadtmueller’s court and suffers from bipolar disorder. Dyer confirmed that nothing on the day of his change-of-plea hearing had substantially clouded his judgment and that he was not directly threatened. Judge Pepper sentenced him to 110 months’ imprisonment, concluding that Dyer’s disorder was not strongly mitigating because he chose to forgo treatment. The Seventh Circuit affirmed in both cases. View "United States v. Dyer" on Justia Law