943 F.3d 106
2d Cir.2019Background
- DEA investigated a large heroin trafficking ring in Fair Haven, New Haven (2014–2015); Wilson Vasquez was a leader and Samuel Albarran was a participant.
- Vasquez admitted organizing kilogram-level distributions; arrested July 2015, pleaded guilty to a heroin conspiracy in 2016, and received a Guidelines sentence of 151 months (top of 121–151 range).
- Albarran was indicted after agents searched 501 Blatchley Avenue and seized drugs, cash, packaging materials, and two firearms; he was charged with a heroin conspiracy and, in a superseding indictment, with possession of a firearm in furtherance of a drug crime (§924(c)).
- Albarran initially declined a plea, then after a Frye hearing accepted a plea to a lesser drug count and §924(c), admitting under oath to constructive possession of the firearms; he later retained new counsel.
- One week after pleading guilty Albarran’s private investigators produced a report disputing that he resided at 501 Blatchley and questioning a witness identification; Albarran moved months later to withdraw his pleas, asserting factual innocence and ineffective assistance.
- The district court denied Albarran’s motion (citing plea colloquy, admissions under oath, delay, and government prejudice) and sentenced him; both Albarran’s plea-withdrawal denial and Vasquez’s sentence were appealed and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vasquez’s 151‑month sentence is substantively unreasonable | Vasquez: judge undervalued mitigating factors (abusive childhood, family support, overstated criminal history) | District/Govt: court considered §3553(a) factors and imposed a within-Guidelines sentence after weighing leadership role and community harm | Affirmed — within permissible range; district properly weighed factors and gave weight to aggravating conduct |
| Whether Albarran’s investigative report shows legal innocence on the §924(c) firearms count and justifies withdrawing his plea | Albarran: report shows he did not reside at 501 Blatchley, undermining constructive possession and factual basis for plea | Govt/District: residency not required for constructive possession; plea colloquy, admissions, corroborating evidence (statements, presence near building, credit‑card bill) provide sufficient factual basis | Affirmed — report insufficient to show legal innocence or undermine factual basis for plea |
| Whether Albarran’s plea was involuntary or procured by ineffective assistance, justifying withdrawal | Albarran: counsel pressured plea and failed to investigate 501 Blatchley, rendering plea unknowing and involuntary | Govt/District: plea was knowing and voluntary (repeated sworn admissions); attorney’s negative trial assessment does not equal coercion; defendant delayed in moving to withdraw | Affirmed — no significant question about voluntariness; sworn allocution carries strong presumption; delay and government prejudice support denial |
Key Cases Cited
- United States v. Cavera, 550 F.3d 180 (2d Cir. 2008) (abuse‑of‑discretion review of substantive reasonableness of sentences)
- United States v. Thavaraja, 740 F.3d 253 (2d Cir. 2014) (Guidelines range not presumptively reasonable)
- United States v. Broxmeyer, 699 F.3d 265 (2d Cir. 2012) (appellate review of district court’s weighing of §3553(a) factors)
- United States v. Schmidt, 373 F.3d 100 (2d Cir. 2004) (factors for evaluating Rule 11(d)(2)(B) plea‑withdrawal motions)
- United States v. Doe, 537 F.3d 204 (2d Cir. 2008) (sworn plea allocution carries strong presumption of veracity for voluntariness)
- United States v. Maher, 108 F.3d 1513 (2d Cir. 1997) (Rule 11 requires only that admitted conduct constitute an offense, not that a jury would certainly convict)
- United States v. Juncal, 245 F.3d 166 (2d Cir. 2001) (weight given to sworn statements at plea allocution)
- United States v. De Leon, 170 F.3d 494 (5th Cir. 1999) (constructive possession may be inferred from evidence tying defendant to premises)
- United States v. Facen, 812 F.3d 280 (2d Cir. 2016) (constructive possession requires power and intent to exercise dominion and control)
- United States v. Gaines, 295 F.3d 293 (2d Cir. 2002) (constructive or actual possession suffices for §924(c) offense)