Gonzalez

In this interlocutory appeal, Luis Alberto Gonzalez (“Gonzalez”) challenges an order denying his motion to quash a subpoena in a section 2255 habeas proceeding brought by his wife, Katherine Elizabeth Paiz (“Paiz”). Gonzalez and Paiz were convicted in separate trials of fraud arising from an insurance scam involving Paiz’s car. The car was found burned in a field with a gas can in the backseat shortly after the pair discovered the car needed several thousand dollars of repairs not covered by warranty, and ten days after Paiz took out an insurance policy on the vehicle. Although both separately confessed to the fraud, Paiz claimed she had no knowledge that fire would be used to destroy the car. Gonzalez initially told FBI agents that he had burned the car but that his wife knew nothing about it. The trial court severed the trials when Gonzalez announced he intended to testify at his wife’s trial regarding the use of fire count (which carried a mandatory minimum ten-year sentence). See 18 U.S.C. § 844 (h).

However, shortly before his own trial, Gonzalez indicated his defense would be that he had nothing at all to do with the crime and that he had lied to the FBI about his…