United States v. Wolf
699 F. App'x 62
| 2d Cir. | 2017Background
- Defendant Leonard Wolf pleaded guilty in the Southern District of New York to conspiracy to commit wire and bank fraud and to wire fraud.
- After sentencing had not yet been imposed, Wolf moved to withdraw his guilty plea and requested an evidentiary hearing.
- Wolf alleged involuntariness and other facts in an affidavit supporting withdrawal.
- The district court received affidavits from Wolf’s two trial attorneys describing events leading to the plea and noted a six-month delay between the plea and the withdrawal motion.
- The district court denied an evidentiary hearing and denied the motion to withdraw the plea; Wolf appealed.
- The Second Circuit affirmed, concluding the district court did not abuse its discretion in refusing to hold a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court abused discretion by denying evidentiary hearing on motion to withdraw plea | Government: district court properly evaluated written submissions and had no need for a hearing | Wolf: his affidavit raised significant questions about voluntariness entitling him to cross-examination and a hearing | Denied — no abuse of discretion; allegations were not sufficiently credible or significant to require a hearing |
| Whether Wolf met Rule 11(d)(2)(B) "fair and just reason" standard to withdraw plea | Government: factors (delay, plea allocution, trial record) favored denial | Wolf: asserted involuntariness and factual claims supporting withdrawal | Denied — court applied factors (delay, claim of innocence, prejudice) and found no valid ground |
Key Cases Cited
- United States v. Gonzalez, 970 F.2d 1095 (2d Cir. 1992) (defendant bears burden to show valid grounds to withdraw plea)
- United States v. Doe, 537 F.3d 204 (2d Cir. 2008) (factors for evaluating pre-sentence plea-withdrawal motions)
- United States v. Torres, 129 F.3d 710 (2d Cir. 1997) (must raise significant question about voluntariness when plea-withdrawal premised on involuntariness)
- United States v. Adams, 448 F.3d 492 (2d Cir. 2006) (review of denial of plea-withdrawal motion for abuse of discretion)