Second Circuit — Ineffective Assistance: Gonzalez v. USA

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U.S. Court of Appeals for the Second Circuit

Ineffective Assistance

Plea Withdrawals — Sentencing

Gonzalez v. USA
10-3630-pr
Judges Kearse, Cabranes and Sack

Background: The petitioner pleaded guilty to a number of narcotics and bribery crimes in 2001. He had been sentenced to 210 months of imprisonment. He appealed from the denial of his motion to vacate his conviction and sentence on the ground that his attorney provided ineffective assistance in connection to both the plea and sentencing.

Ruling: The Second Circuit vacated and remanded for resentencing. The court held that the court erred in failing to take into account the attempt at withdrawing the plea.  The Second Circuit stated that the fact that an attempt was made to withdraw the guilty plea and go to trial may not be dispositive on the issue of prejudice, it is a factor that must be considered by the court in assessing whether there is a reasonable probability that but for the substandard performance by counsel, the defendant would have chosen to eschew the plea and go to trial.  Further, the sentencing court erred by failing to set aside the sentence on the mere fact that a resentencing could grant the petitioner a windfall.

Molly K. Corbett for the petitioner-appellant; Paul D. Silver, assistant United States attorney, for the respondent-appellee