GONZALEZ v. WARDEN FCI MCKEAN
1:25-cv-04337
S.D.N.Y.May 16, 2025Background
- William Gonzalez pled guilty in February 2022 to conspiracy to distribute and possess with intent to distribute controlled substances and was sentenced to 17 years in prison with 5 years of supervised release by the Southern District of New York.
- Gonzalez is currently incarcerated at FCI McKean in Pennsylvania.
- He filed a habeas corpus action under 28 U.S.C. § 2241 in the Western District of Pennsylvania, alleging ineffective assistance of counsel and sentencing errors.
- The matter was referred to Chief Magistrate Judge Lanzillo for a report and recommendation.
- Judge Lanzillo recommended transferring the petition to the Southern District of New York pursuant to 28 U.S.C. § 1404, stating that the original sentencing court is best suited to consider the petitioner's claims, especially under § 2255.
- No party objected to the recommendation, and District Judge Baxter ordered the case transferred and marked closed in Pennsylvania.
Issues
| Issue | Gonzalez's Argument | Warden's Argument | Held |
|---|---|---|---|
| Whether § 2241 habeas can vacate conviction/sentence | Ineffective counsel and sentencing errors | Jurisdiction improper under § 2241 | Case should be transferred; proper venue is sentencing court for § 2255 claims |
| Appropriate venue for the petition | Pennsylvania court acceptable | Should be heard in S.D.N.Y. | Southern District of New York is proper venue |
| Court’s jurisdiction under § 2241 | Claims fit § 2241 relief | Lack of jurisdiction under § 2241 | Jurisdiction is lacking in W.D. Pa.; transfer ordered |
| Remedy if jurisdiction is lacking | Transfer for proper determination | Transfer if appropriate | Transferred in interests of justice per Magistrate's R&R |
Key Cases Cited
(No official reporter cases cited in the opinion provided.)