United States Court of Appeals

for the Fifth Circuit ____________

No. 23-30141

____________

United States of America, 

Plaintiff—Appellee,

versus

Julius Cerdes, Jr., 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Eastern District of Louisiana

USDC No. 2:06-CR-115-1

______________________________

Before Davis, Engelhardt, and Oldham, Circuit Judges.

Per Curiam:*

The district court denied the petition for writ of coram nobis filed by 

Defendant-Appellant, Julius Cerdes, Jr., after determining that Cerdes failed 

to demonstrate sound reasons for not seeking appropriate relief earlier. We 

conclude, however, that Cerdes had sound reasons for filing his petition 

when he did. Therefore, we VACATE and REMAND.

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

December 19, 2023

Lyle W. Cayce

Clerk

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I. BACKGROUND

In September 2006, Cerdes pleaded guilty pursuant to a written plea 

agreement to conspiracy to distribute marijuana. The factual basis for 

Cerdes’s guilty plea described the events leading up to Cerdes’s arrest as 

follows: Special Agent Chad Scott with the Drug Enforcement 

Administration (DEA) and members of the Tangipahoa Sheriff’s 

Department received information from a confidential source (CS) that 

Cerdes was awaiting the delivery of marijuana from a Hispanic male in a 

pickup truck. Based on this information, officers established surveillance at 

Cerdes’s home and nearby workshop on November 14, 2005. 

Officers observed a pickup truck matching the description provided 

by the CS arrive at the location. A Hispanic male exited the pickup truck, 

opened the door to the workshop, and then drove the truck into the

workshop. Task force agents subsequently entered the shop and discovered 

Ramon Quintanilla dismantling a tire on the floor of the workshop. The

dismantled tire contained approximately seventeen pounds of marijuana. 

Scott and another officer detained Quintanilla when he attempted to flee. 

Quintanilla told Scott he was delivering marijuana to “Junior,” a nickname 

for Cerdes. 

A couple of hours later, Cerdes and an individual later identified as

Bud Tilley drove up to the residence. When they exited the vehicle, both 

men were arrested. Officers discovered a handgun in Cerdes’s back pocket. 

They also recovered approximately thirty-nine grams of marijuana from 

underneath the driver’s seat of Cerdes’s vehicle. A review of Cerdes’s 

cellphone records revealed that Cerdes tried to contact Quintanilla that 

night. Task force agents searched the property and discovered marijuana in 

an ammunition can in the bushes and in a PVC pipe and ice chest in the shop,

marijuana stems in the garbage can in the master bedroom, a medicine bottle 

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containing several marijuana seeds in the game room of the residence, and 

over $45,000 in a duffel bag in the attic. 

The Government charged Cerdes and Quintanilla with conspiracy to 

distribute marijuana (Count One) and aiding and abetting the possession with 

intent to distribute marijuana (Count Two). Cerdes alone was indicted also 

for possessing a firearm during and in relation to a drug trafficking offense in 

violation of 18 U.S.C. § 924(c) (Count Three). The written plea agreement 

required Cerdes to plead guilty to the conspiracy charge (Count One). The 

Government agreed to dismiss the remaining aiding and abetting charge and 

the § 924(c) firearm charge (Counts Two and Three). 

The plea agreement required more than just Cerdes’s plea of guilty to 

the conspiracy charge. It also required him to waive his right to appeal or 

collaterally attack in any post-conviction proceeding his conviction and 

sentence. Furthermore, Cerdes was required to withdraw a formal complaint 

he had made to the DEA regarding misconduct by Scott. Specifically, Cerdes 

asserted that the marijuana found in his vehicle at the time of his arrest was 

not his, but had been planted there by Scott. Cerdes explained that after his 

arrest, he would not consent to a search of his truck, so Scott obtained a 

warrant to search Cerdes’s truck. Three agents and a dog searched the 

vehicle and found nothing. But, an hour or so later, Scott and another agent 

walked over to the truck, and Scott announced, “Here it is. Y’all don’t know 

how to look.” Scott then came over to Cerdes, holding a bag of 

approximately an ounce of marijuana, pointed in Cerdes’s face, and said, 

“Now you are going to do more time than the Mexican in your shop.” 

Specifically, Scott “informed [Cerdes] now he had [him] on a gun protecting 

drugs charge.” Cerdes was aware that “there were enhanced punishments 

for having a gun located with drugs.”

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Cerdes contended that Tilley informed him that the bag of marijuana 

actually belonged to him (Tilley); that Tilley gave the bag to one of the 

officers, who was a friend of Tilley, on the night of the arrest; that the officer 

gave the bag to Scott; and that Scott put it under the driver’s seat of Cerdes’s 

vehicle so that Cerdes could be falsely charged with a firearms offense under 

§ 924(c), which carries a minimum prison term of five years. The plea 

agreement required Cerdes not only to withdraw his formal complaint to the 

DEA, but also “not to pursue any other remedies, including any civil action 

for damages, against any federal agent or police officer for actions taken by 

them in the investigation of this case.” In December 2006, Cerdes was 

sentenced to eighteen months in prison and two years of supervised release. 

Years later, it came to light that Scott and members of his taskforce 

that targeted drug trafficking were themselves breaking the law. In October 

2017, Scott was arrested and later indicted on numerous federal charges for 

acts he committed while leading the task force. After two trials in 2019 and 

2021, Scott was convicted of falsifying government records, obstructing 

justice, perjury, conspiracy to convert property and to remove property to 

prevent seizure, and property conversion by a federal officer.1

 He was 

sentenced to 160 months in prison.2 This Court recently affirmed his 

conviction and sentence.3

During its investigation of Scott, the Government discovered the 

formal complaint Cerdes had filed with the DEA regarding Scott’s planting

Tilley’s marijuana in Cerdes’s vehicle to create a false § 924(c) offense. The 

Government interviewed Cerdes regarding his complaint, and he and Tilley 

_____________________

1 See United States v. Scott, 70 F.4th 846, 854 (5th Cir. 2023). 

2 See id.

3 Id.

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both testified for the Government at Scott’s August 2021 sentencing hearing. 

During his testimony, Cerdes admitted that he had a small amount of 

marijuana on his property and that officers found about an ounce of marijuana 

in his workshop. However, he denied having marijuana in his truck or having 

a gun anywhere near marijuana. According to Cerdes, Scott also stole money 

from his safe on the night of the arrest. 

Cerdes further testified that Scott subsequently proposed a deal with 

Cerdes. Scott agreed to give Cerdes back three boats that had been seized 

from Cerdes’s property if Cerdes would falsely admit that he sold cocaine to 

another individual Scott previously arrested. However, when Cerdes 

followed through on his part of the agreement and made the false statement, 

Scott refused to give Cerdes his boats back and declared that Cerdes was an 

admitted drug dealer. He contended that “state charges” for “distribution 

of cocaine” were then placed on him and his bond was set at half million 

dollars. Cerdes further testified that after that, Scott’s team went to his “79-

year-old mother’s house, who lived next door to [Cerdes], and repeatedly 

harassed her if [Cerdes] did not turn [him]self in, they were going to arrest 

her.” He testified that the marijuana charges went from state to federal 

court, where he was denied bond and spent nine months in jail before he was 

offered the plea agreement he now seeks to nullify. 

Cerdes also claimed that he was not guilty of the marijuana conspiracy

charge. He explained that he pleaded guilty because he was threatened with 

a cocaine distribution charge and because the Government agreed to dismiss 

the § 924(c) charge. On cross-examination, Cerdes denied having knowledge 

of the pounds of marijuana discovered in the tire in his workshop and 

explained that Quintanilla’s vehicle was in his shop without his permission. 

He testified that he only had an ounce of marijuana in his workshop and that 

he was under duress when he signed the factual basis supporting his plea. 

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Tilley also testified at Scott’s sentencing hearing. He confirmed that 

he had a bag of marijuana in his boot the night of Cerdes’s arrest. Tilley 

testified that he knew the officer who had put him in handcuffs that night; 

that he told the officer he had a bag of marijuana in his boot; that the officer 

reached in Tilley’s boot and retrieved the bag; and that later the officer told 

Tilley “that the bag of marijuana [Tilley] had was found in Junior Cerdes’[s] 

truck.” During the Government’s argument at Scott’s sentencing, it urged 

the judge to consider Scott’s treatment of Cerdes when determining Scott’s 

sentence. 

In January 2020, Cerdes filed a petition for a writ of coram nobis

seeking to vacate his conviction for conspiracy to distribute marijuana. He 

asserted that his guilty plea was the product of “extraordinarily abusive, 

over-reaching, and unconstitutional tactics” by Scott. Cerdes contended 

that although he previously had purchased marijuana from Quintanilla for 

personal consumption only, he never conspired with him to distribute 

marijuana. He alleged that Scott planted marijuana in his truck, seized 

property and money that had no connection to any drug activity, and 

pressured Cerdes to “say whatever Scott wanted [him] to say in exchange for 

promises of help on [his] case[].” Instead, Scott used Cerdes’s statements 

against him to bring a state cocaine charge and ultimately federal drug 

charges, along with a § 924(c) charge. Cerdes contended that he pleaded 

guilty because he was “[b]eaten down by Scott’s apparent power to lie, cheat, 

and manipulate the criminal justice system with impunity, and fear[ed] 

conviction on the § 924(c) charge which [carried] a mandatory [minimum] 

five-year sentence.” 

The district court denied Cerdes’s petition for coram nobis relief, after 

determining that Cerdes did not meet his burden of establishing sound 

reasons for his failure to seek relief earlier. Cerdes timely filed a notice of 

appeal. 

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II. DISCUSSION

Cerdes argues that the district court erred in finding that he did not 

demonstrate sound reasons for failing to seek appropriate earlier relief. He

asserts that the Government’s investigation and prosecution of Scott

presented a “changed circumstance” justifying his filing for coram nobis relief 

when he did. The Government acknowledges that Scott’s convictions 

represent new evidence previously unavailable to Cerdes, but argues that 

Cerdes knew about Scott’s misconduct from the beginning and could have 

moved to invalidate his guilty plea earlier, by way of direct appeal or habeas 

petition. 

Although the Government is correct that Cerdes knew of Scott’s 

misconduct early on, we determine that Cerdes nonetheless has 

demonstrated sound reasons for filing his petition when he did. Cerdes 

contends that he had every reason to believe that if he took some action 

contrary to the plea agreement, such as filing a direct appeal or habeas 

petition based on Scott’s misconduct, then there would be adverse 

consequences or reprisals against him by Scott. He asserts that reasonable 

fear and apprehension on his part persisted until it became clear that the 

Government had finally come to recognize Scott as a bad actor. The evidence 

adduced at Scott’s trial and the testimony offered at Scott’s sentencing 

hearing in particular demonstrated just how powerful and dangerous Scott 

was as a rogue DEA agent.

4 Scott planted evidence to fabricate a charge 

against Cerdes that carried a minimum five-year prison term; he stole money 

and property from Cerdes; he tricked Cerdes into falsely admitting that he 

sold cocaine; and he sent a team to harass Cerdes’s 79-year old mother. 

_____________________

4 See United States v. Scott, 70 F.4th 846, 852-54 (5th Cir. 2023).

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The alleged discovery of drugs in Cerdes’s vehicle allowed Scott to 

make his claim that Cerdes’s presence in the vehicle, while in possession of 

a firearm,supported a § 924(c) weapon charge. This count in the indictment, 

which carried a mandatory five-year sentence, was the principal hammer 

Scott used to manipulate and coerce Cerdes to enter a guilty plea to the drug 

trafficking offense. At Scott’s sentencing hearing, the Government argued 

that Scott “repeatedly victimized people and subverted the rule of law.” 

With respect to Cerdes specifically, the Government asserted that Scott 

“exploited [Cerdes’s] vulnerability, put marijuana in his truck to ratchet up 

a sentence to hurt [Cerdes] in ways that he did not deserve.” 

Furthermore, the fact that the written plea agreement required Cerdes 

not only to waive his appellate and habeas rights, but also withdraw his 

internal affairs complaint describing Scott’s misconduct and refrain from 

filing any other complaint against any law enforcement officer for actions 

taken by them in the investigation of his case indicated that until the 

Government discovered Scott’s misconduct, the Government would 

continue to protect him. In light of Cerdes’s testimony and the unusual 

terms of his plea agreement, it was reasonable for Cerdes to be fearful of what 

would happen if he sought relief from his guilty plea prior to the 

Government’s discovery of Scott’s misconduct. Under the unique and 

extraordinary circumstances of this case, we conclude that Cerdes met his 

burden of establishing sound reasons for not seeking appropriate relief earlier 

and that the district court thus erred5 in finding otherwise. 

_____________________

5 The determination of whether a petitioner for coram nobis relief has sound reasons 

for not seeking appropriate earlier relief is a factual finding; therefore, we review for clear 

error. See Gonzalez v. United States, 981 F.3d 845, 851 (11th Cir. 2020).

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Based on the foregoing, we VACATE and REMAND for further 

proceedings consistent with this opinion.

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