Joel Gonzalez v. M. Gutierrez
Opinion
Trial Court Opinion
I.
BACKGROUND
On June 13, 2013, Petitioner Joel Gonzalez1 pleaded guilty to Conspiracy Hobbs Act Robbery in violation of 18 U.S.C. § 1951(a). ECF Docket No. (“Dkt.”) 2 at 1. Petitioner’s plea agreement included an appeal waiver, which encompassed motions made under 28 U.S.C. § 2255. Gonzales, 2019 WL 6699800, at *2. On June 9, 2014, the United States District Court for the Eastern District of New York sentenced Petitioner to 204 months imprisonment to run consecutively to any undischarged portion of any State sentence. Id., at *1; United States v. Gonzales, No. 10-CR-531-12 (BMC), Dkt. 192 at 2 (E.D.N.Y Jun. 16, 2014).
On June 14, 2016, the United States Court of Appeals for the Second Circuit dismissed Petitioner’s appeal of his conviction and sentence because Petitioner’s plea agreement included a waiver of his appellate rights. Gonzales, 2019 WL 6699800, at *2 & n.2.
On April 16, 2019, Petitioner filed a Motion to Vacate under § 2255 in the United States District Court for the Eastern District of New York. Id.; United States v. Gonzales, No. 10-CR-531 (BMC), 2020 U.S. Dist. LEXIS 142316, at *1–2 (E.D.N.Y. Aug. 7, 2020). The court denied Petitioner’s motion and found…