Judge won’t allow Oklahoma man convicted of distributing synthetic drugs to withdraw guilty plea

CEDAR RAPIDS - A federal magistrate ruled Thursday that she won't allow an Oklahoma man to withdraw his guilty plea made in October to charges of distributing synthetic marijuana to convenience store owners in Oklahoma, Missouri and Iowa.

Ahmad Saeed, 48, of Broken Arrow, Okla., claimed during a hearing on Tuesday that his former Cedar Rapids lawyer, Ray Scheetz, didn't explain the consequences of the plea - an estimated 40 year sentence he faces - and that he didn't 'totally understand” English because he's originally from Pakistan.

Saeed also testified he didn't have his glasses, so he couldn't see well, and he wasn't familiar with legal terms, which his attorney didn't explain further to him.

Saeed added that the prison time, which may be 17 years based on sentencing guideline calculations, was much higher than expected and Scheetz misled him on it.

Scheetz testified Tuesday that he met with Saeed more than once, reviewed the plea agreement as he usually does with his clients - reading it to him paragraph by paragraph. Scheetz said they also made proposed changes in notes on the original copy based on their discussions.

Scheetz said 'it appeared to me that he could read” and Saeed never told him he couldn't see it or had difficulty with English. Saeed had a disagreement on some of the facts in the agreement but after the proposed changes were made, Scheetz said he faxed it to Saeed, who was back in Oklahoma, for his review and he signed it.

Scheetz said they were both surprised when the presentencing report came back because the recommended prison time was higher than expected, but Scheetz said he never promised a specific term because he didn't know what that would be.

U.S. Magistrate Kelly Mahoney in her ruling said Saeed made the plea voluntarily, and according to the transcript from the October plea, hearing he understood the plea and the maximum penalty. She pointed out that Saeed admitted that he initialed the paragraph of the plea which lays out the maximum penalty.

Mahoney in the ruling said she didn't find Saeed's claims that he didn't read the plea agreement and that Scheetz didn't review the plea with him to be 'credible.”

Saeed pleaded guilty last October to conspiracy to distribute controlled substances and controlled substances analogues, and conspiracy to commit money laundering. He admitted to selling synthetic marijuana, typically sold as potpourri or herbal incense for human consumption - to be smoked or snorted - on May 16, 2013.

Saeed, along with two others, Muhammad Anwar, also convicted, and Muhammad Anwar Chaudhry, who remains a fugitive, agreed to start selling synthetics in 2012 and continued until June 2013, the plea agreement shows. During the conspiracy, Saeed was a wholesaler who distributed the products in the three states. Saeed and Anwar had regional suppliers in various cities, including Kansas City. Saeed traveled to the various stores to deliver the orders of synthetic drug products.

As part of the plea, Saeed also will forfeit $750,000 jointly with Anwar, which are proceeds from the illegal activity.

Anwar was convicted by a jury in October 2015 for conspiracy to distribute a controlled substance and controlled substance analogues and one count of conspiracy to commit money laundering.

Saeed and Anwar will be sentenced next Thursday in U.S. District Court.

Chaudhry has been a fugitive since September 2015.

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