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Ezika Pled Guilty Then Tried To Withdraw Plea But Got Time Served Now Nnawuba 40 Months

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, July 14 – Okechukwu Peter Ezika entered a guilty plea in January 2019 to "engaging in monetary transactions in property derived from specified unlawful activity." 

 Then he tried to withdraw his plea.   

    On January 28, U.S. District Court for the Southern District of New York Judge Katherine Polk Failla held a lengthy proceeding. Inner City Press covered it.

    Ezika said that what he previously pled to under oath was false.

He had changed lawyers, twice, and his current lawyer on January 27 said delicately that sometimes defendants are coached what to say by their counsel. 

 Judge Failla said she would not return the plea for such minutae as Ezika calling her Your Majesty or Mrs. Failla.

 But she inquired with the AUSA what the prejudice would be to them. They stopped their investigation in light of the plea.

  Judge Failla, with another proceeding coming onto CourtCall at 11 am (in fact, it did not), said she will soon issue an oral ruling.

 And Judge Failla convened another conference on February 2, to read her ruling. Inner City Press covered it. Running through the applicable legal standards, Judge Failla said she found no basis to find ineffective assistance of counsel or any other ground to allow for the withdrawal of the guilty plea.

On June 3, Judge Failla held Ezeji's sentencing, and Inner City Press covered it. Ezeji spoke of the difficulties of being in the MDC amid Covid, his wife coming up from Greensboro, North Carolina but not being allowed to visit him. He went to school in Ghana; his parents live in Nigeria. But there were false statements about hawala money transfers from his father, and an obstruction enhancement.
 
  Still, Judge Failla sentenced him to time served (23 months) and a day, and wanted Immigration to know that this is not a six month sentence.

Now in July, this: FILED JUDGMENT IN A CRIMINAL CASE as to Emeka Nnawuba (6), Count(s) 1 are dismissed on the motion of the US. Pleaded guilty to Count(s) 2, Imprisonment for a total term of Forty (40) Months. Supervised release for a term of Three Years. The court makes the following recommendations to the Bureau of Prisons:The Court recommends that the Defendant be designated to a facility of an appropriate security level in the State of Arkansas, or, if there's no facility available in that area, then to a facility in the Western Texas area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 9/24/2021. Special Assessment of $100 which is due immediately. Restitution of $1,362,528.46. You shall commence monthly installment payments of 10% percent of your gross income, payable on the first of each month, upon release from any term of imprisonment imposed."

The case is US v. Ezeji, 18-cr-117 (Failla)

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