Former Cedar Rapids landlord asks to withdraw guilty pleas

Landlord Robert Miell filed a motion Thursday in federal court to withdraw his guilty pleas for mail fraud and perjury, based on ineffective counsel and the court's failure to inform him of penalties and restitution.

Miell, 55, pleaded guilty to 18 counts of mail fraud and two counts of perjury and was convicted by a jury of two counts of tax fraud in January 2009. The charges stem from fraudulently reporting more than $336,000 in storm damage on 145 properties to American Family Insurance.

A defendant can withdraw a guilty plea before sentencing if the defendant can show a “fair and just reason” to the court, according to criminal procedure.

The motion claims the court didn't follow protocol to ensure Miell's plea was knowing, intelligent and voluntary. It also cites ineffective assistance of counsel.

According to the motion, the court didn't tell Miell during the plea proceeding that he was facing a maximum penalty of 370 years in prison and a $5 million fine, and did not mention that the court has the authority to order restitution.

The motion also claims Miell's lawyer at the time, F. Montgomery Brown, of Des Moines, didn't properly prepare and advise him and pressured Miell into pleading guilty.

Miell's sentencing on all 22 counts is set for June 7 in U.S. District Court.