United States v. Gonzalez
647 F.3d 41
| 2d Cir. | 2011Background
- Gonzalez, a former New York State Senator, pled guilty to Counts 2, 3, 6, and 8 and received 84 months’ imprisonment plus 2 years’ supervised release and $122,775 restitution.
- Public funds (Pathways, WBNA, ULAF) were used to pay Gonzalez’s personal expenses; WBNA and Pathways funds were diverted for such purposes.
- Gonzalez admitted, under oath at the May 2009 plea, to conspiracies using charity funds to cover personal costs; the government anticipated testimony from cooperating witnesses.
- Pimentel letter (May 7, 2009) informed Gonzalez of the likely advisory Guidelines range (87–108 months) if he pled guilty.
- Gonzalez sought to withdraw his guilty plea after new counsel was appointed; the district court held hearings, ultimately denying withdrawal.
- On appeal, the district court’s restitution order of $122,775 to WBNA donors was vacated and remanded for improper restitution quantification as to losses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of withdrawal of guilty plea was an abuse of discretion | Gonzalez argued court rushed to trial and ignored voluntary-plea concerns | Gonzalez contended plea was involuntary due to counsel issues and pressure | No abuse; court properly balanced finality, voluntariness, and evidence surrounding plea |
| Whether the 50-victim enhancement was proper | Gonzalez contends no tracing to 50 victims; insufficient proof | Government showed more than 50 donors and losses | Proper interpretation; more than 50 victims established; no strict donor-tracing requirement applied |
| Whether restitution was properly ordered under MVRA | Restitution should reflect losses to identified victims and proper quantum | Quantification overestimated losses; some donors may have received value | Remanded for proper quantification; restitution to donors may not exceed actual losses; procedural issues acknowledged but not fatal |
Key Cases Cited
- United States v. Rosen, 409 F.3d 535 (2d Cir. 2005) (standard for granting withdrawal of guilty plea; factors balancing finality and voluntariness)
- United States v. Hirsch, 239 F.3d 221 (2d Cir. 2001) (credible-false assertions; admissibility of withdrawal grounds)
- United States v. Torres, 129 F.3d 710 (2d Cir. 1997) (Rule 11(d)(2)(B) standards; voluntary plea)
- United States v. Gonzalez, [José], 970 F.2d 1095 (2d Cir. 1992) (plea withdrawal standards; evidence of innocence must be corroborated)
- Brady v. United States, 397 U.S. 742 (1980) (voluntariness; factual and psychological factors in pleas)
- Blackledge v. Allison, 431 U.S. 63 (1977) (presumption of truth of sworn statements in plea allocutions)
- United States v. Schmidt, 373 F.3d 100 (2d Cir. 2004) (plea withdrawal considerations; impact of delay and government interests)
- McKee v. Harris,, 649 F.2d 927 (5th Cir. 1981) (lawyer's duty to provide realistic case assessment)
- United States v. Arnaout, 431 F.3d 994 (7th Cir. 2005) (donor-tracing debates in 50-victim enhancement)
- Doland v. United States, 130 S. Ct. 2533 (2010) (MVRA restitution deadlines do not bar court authority)