United States v. Vasquez
2:12-cr-00317
| E.D.N.Y | Jul 11, 2025Background
- Angel Vasquez was convicted after pleading guilty to conspiracy to commit murder in aid of racketeering and attempted murder in aid of racketeering, both related to MS-13 gang activities.
- Vasquez received a total sentence of 228 months' imprisonment, after a plea deal that included an appellate/collateral-attack waiver.
- Vasquez filed a pro se habeas petition under 28 U.S.C. § 2255, arguing actual innocence and ineffective assistance of counsel on several grounds.
- The record showed extensive factual allocution at plea, multiple sworn affidavits from defense counsel, and no direct appeal by Vasquez.
- The government opposed, arguing the waiver was enforceable and that Vasquez's claims lacked merit or factual support.
- The court reviewed submissions from both parties and former defense counsel and found no need for an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral attack waiver | Waiver invalid due to constitutional violations | Waiver enforceable; plea/waiver was knowing and voluntary | Waiver enforced, except for IAC claims |
| Validity of guilty plea | Plea involuntary due to counsel's errors | Plea was knowing and voluntary, thorough allocution | Plea valid, bars most claims |
| Ineffective assistance of counsel (IAC) | Counsel failed to investigate, suppress evidence, etc. | Counsel performed constitutionally; claims are conclusory/contradicted | No deficient performance or prejudice |
| Actual innocence | Vasquez is innocent of charges | Detailed allocution established factual guilt | No basis for actual innocence claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- Massaro v. United States, 538 U.S. 500 (IAC claims generally not procedurally barred under § 2255)
- Blackledge v. Allison, 431 U.S. 63 (plea allocutions entitled to strong presumption of verity)
- Bousley v. United States, 523 U.S. 614 (plea is voluntary unless induced by threats/misrepresentation)
- Hill v. Lockhart, 474 U.S. 52 (prejudice standard for IAC in plea context)
- United States v. Garcia-Santos, 273 F.3d 506 (enforceability of appellate waivers in plea agreements)
- Whitehead v. Senkowski, 943 F.2d 230 (guilty plea precludes review of pre-plea Constitutional claims)