District Judge Louise Wood Flanagan today allowed Omar Daquan Ponton to withdraw his guilty plea to three counts linked to the distribution of 40 grams or more of fentanyl.

Court records regarding Flanagan’s decision in New Bern were not available for public inspection, but a minute entry filed by the court clerk shows the judge allowed the Roanoke Rapids man to enter a not guilty plea to the charges of distribution of 40 grams or more of fentanyl, distribution of fentanyl, and possession of a firearm by a felon.

The minute entry says the court re-advised Ponton of his rights, discussed trial-scheduling matters, and remanded him to custody.

On February 10, 2025 — the day he was scheduled to stand trial — Ponton entered a guilty plea before Judge Terrence W. Boyle to the count that charged him with the distribution of 40 grams or more of fentanyl.

The case was later transferred to Flanagan on August 19, 2025.

In May, however, Ponton’s attorney moved to withdraw his guilty plea based on two paths under the Federal Rules of Criminal Procedure.

Scott Wilkinson, Ponton’s court-appointed attorney, argued that the original plea was not knowing or voluntary due to a series of procedural errors committed by Boyle.

The motion argued that the district court failed to properly advise Ponton of his constitutional and procedural rights.

The defense argued that the combination of mistakes was 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.