United States v. Jerard J. Signori

This appeal requires us to decide if the district court abused its discretion in refusing to permit the defendant to withdraw his guilty plea. Should we affirm the district court’s refusal, we must then decide whether the sentencing order was invalid as a matter of law because the court gave the probation office authority to specify the exact amount and manner of payment of restitution not to exceed a court-ordered maximum. We will affirm the district court’s judgment in all respects.

The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction under 28 U.S.C. § 1291 .

I.

Jerard J. Signori appeals from the district court’s judgment of conviction and sentence, entered after he pleaded guilty, for mail fraud, 18 U.S.C. §§ 1341-42 , tax evasion, 26 U.S.C. § 7203 , and filing false tax documents, 26 U.S.C. § 7206 (1). Signori, represented by retained counsel, initially pleaded not guilty, but changed his plea to guilty on the second day of trial pursuant to a plea bargain.

Testimony at the trial began with Mrs. Teressa Black, an elderly widow, who alleged Signori had defrauded her. Black had recovered $83,000 in insurance proceeds when her husband and…