At the scheduled sentencing for Dameon Eddie Byrd on Monday, his attorney told Federal Judge Sandy Mattice that Byrd wants to withdraw his guilty plea.
Attorney Hannah Stokes said Byrd did not fully realize his sentencing exposure when he agreed to a guilty plea earlier.
Judge Mattice noted that Byrd and taken an oath to tell the truth and pleaded guilty before a federal magistrate on drug charges as well as being a felon in possession of a firearm.
The judge said Byrd "may be opening up a can of worms for himself," but he delayed the case for further proceedings later.
The plea agreement said Byrd faced up to five years on the drug count and up to 10 years on the felon in possession charge. It says if he is found to be an armed career criminal, he faces from 15 years to life.
In October 2012, Byrd was charged with an aggravated robbery in connection with an incident at an apartment on Mountain Creek Road.
Patrick Babb said a person he knew as "B.B." had come to visit and brought a black male with him that he did not know. He said minutes after they arrived, the black male produced a gun and pointed it at him. He said he grabbed the gunman's hand and there was a scuffle. He said "B.B." then tackled him, and the gunman asked for money while holding him at gunpoint.
The man with the gun then grabbed a backpack containing about $266 along with assorted paperwork and medication. Both suspects then left the apartment and sped away in a white sedan.
Investigator William Puckett said he received information that the real name of "B.B." was Dameon Byrd. He showed the victim his photo and he immediately identified him. Byrd was then charged with aggravated robbery.
He has an extensive criminal record and in 2009 got a three-year suspended sentence after pleading guilty in a burglary case.