Judge won't let Miell withdraw guilty plea

U.S. District Judge Mark Bennett has decided not to let Cedar Rapids landlord Robert Miell withdraw his guilty pleas to 18 counts of mail fraud and perjury, saying he failed to show “fair and just reason."

In his ruling, filed Tuesday, Bennett said he considered the fact that Miell didn't provide adequate support of his innocence in his brief; 14 months passed between when Miell pleaded guilty and when he filed his motion to withdraw the plea; and granting the request would be prejudicial to the prosecution because of the length of time and cost in preparing for Miell's trial.

Miell asked the court to withdraw his guilty pleas based on ineffective counsel. He also claimed the court failed to inform him of the possible maximum sentence and restitution.

Miell pleaded guilty in federal court 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 Miell fraudulently reporting more than $336,000 in storm damage on 145 properties to American Family Insurance.

Miell's sentencing is set for June 7.