The attorney representing a Roanoke Rapids man charged federally with distribution of 40 grams or more of fentanyl has moved to withdraw his guilty plea based on two paths under the Federal Rules of Criminal Procedure. 

Scott Wilkinson, the court-appointed attorney representing Omar Daquan Ponton, argues that the original plea was not knowing or voluntary due to a series of procedural errors committed by Judge Terrence W. Boyle.

The motion argues that the district court failed to properly advise Ponton of his constitutional and procedural rights and specifically contends the following:

Review the elements: The court did not explicitly review the legal elements of Count One, merely referencing a paragraph in the plea agreement.

Address the incomplete reading: When Ponton admitted he had not read the whole plea agreement yet—but noted his lawyer explained it—the court did not ensure he actually read it before proceeding.

Advise on rights: The court did not explicitly inform Ponton of his right to counsel at every stage, his right to plead not guilty, his right to compel the attendance of witnesses, and his absolute protection against compelled self-incrimination.

Perform voluntariness and sentencing checks: The court failed to explicitly verify that the plea did not result from force, threats, or outside promises. It also failed to warn him about prosecution for perjury, potential prison time for supervised release violations, restitution obligations, and the court's strict obligation to calculate and consider the Sentencing Guidelines.

The defense argues that this combination of mistakes is too material to ignore and should legally serve as a "fair and just reason" to grant the withdrawal, vacate the plea, and reset the matter for a new arraignment and trial. 

An order on the motion has not been filed.

On February 10, 2025 — the day he was scheduled to stand trial — Ponton entered a guilty plea before Boyle to Count One of a superseding indictment, which charged him with the distribution of 40 grams or more of fentanyl. In exchange, the government agreed to dismiss Count Two — distribution of fentanyl — and Count Three — possession of a firearm by a felon. 

The case was later transferred to Judge Louise W. Flanagan on August 19, 2025, and sentencing is currently scheduled for June 18, 2026.