United States v. Goguen
| Decision Date | 23 July 2020 |
| Docket Number | 1:11-cr-00003-JAW,1:16-cr-00167-JAW |
| Parties | UNITED STATES OF AMERICA v. ROBERT GOGUEN |
| Court | U.S. District Court — District of Maine |
The Court rejects a pro se defendant's motion to withdraw guilty plea and to withdraw admission to a revocation petition. The Court concludes that the defendant knowingly, intelligently, and voluntarily pleaded guilty to new criminal conduct and admitted to violating the conditions of supervised release imposed on an older criminal judgment. Applying the five-factor First Circuit test for evaluating motions to withdraw pleas, the Court concludes that the defendant failed to sustain his burden to demonstrate a fair and just reason for withdrawal of the plea and admission.
On January 12, 2011, a federal grand jury indicted Robert Goguen for violating the Sex Offender Notification and Registration Act (SORNA), 18 U.S.C. § 2250(a), by failing to register as a sex offender after having been convicted of a sex offense in Connecticut in 1996. Indictment (ECF No. 1). On July 14, 2011, Mr. Goguen pleaded guilty to the charge in the indictment, Min. Entry (ECF No. 43), and on September 14, 2012, the Court sentenced Mr. Goguen to sixteen months of incarceration with credit for time served from April 11, 2012, three years of supervised release, and a $100 special assessment; the Court imposed no fine. Min. Entry (ECF No. 79); J. (ECF No. 80). By agreement, on January 30, 2013, the Court amended the judgment to clarify that the sentence was thirty-seven, not sixteen, months of incarceration. Order Granting Mot. to Amend J. (ECF No. 89); Am. J. (ECF No. 90). Mr. Goguen did not appeal his conviction or sentence.
For purposes of this motion, the next significant docket event was a petition to revoke his supervised release, based on an alleged failure to comply with the conditions of supervised release by accessing pornography at a county law library. Pet. for Warrant or Summons for Offender under Supervision (ECF No. 96) (First Warrant Pet.). On September 23, 2013, Mr. Goguen admitted the violation, Min. Entry (ECF No. 112), and the Court sentenced him to five months of incarceration and thirty-one months of supervised release. Revocation J. (ECF No. 113). On October 1, 2013, Mr. Goguen appealed the revocation judgment to the Court of Appeals for the First Circuit. Re: Notice of Appeal (ECF No. 116) (Revocation Notice of Appeal). On October 9, 2014, the First Circuit affirmed the revocation judgment, J. of United States Ct. of Appeals for the First Circuit (ECF No. 142) (First Circuit J.), and on November 6, 2014, it issued its mandate. Mandate (ECF No. 143).
On November 13, 2015, the United States Probation Office (USPO) initiated a second petition for revocation of supervised release, alleging that Mr. Goguen violated the terms of his supervised release by committing new criminal conduct by possessing child pornography and that, in doing so, he violated the condition of his supervised release that required he comply with the terms of his sex offender treatment program(SOTP).1 Pet. for Warrant or Summons for Offender under Supervision (ECF No. 144) (Second Warrant Pet.). On September 15, 2017, Mr. Goguen admitted counts one and two of his supervised release violations. Min. Entry (ECF No. 193). Despite his having admitted the two violations on September 15, 2017, for a variety of reasons, mostly related to Mr. Goguen's active litigation, the Court has not yet sentenced Mr. Goguen on these violations.
Mr. Goguen has extensively litigated his case. There are now three-hundred and forty-nine docket entries on this case alone. In addition to other matters, on November 28, 2017, Mr. Goguen file a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Mot. to Vacate, Set Aside or Correct Sentence (2255) (ECF No. 194) (Mot. to Vacate).2 On September 28, 2018, the Magistrate Judge recommended that the Court deny Mr. Goguen's habeas corpus petition and deny a certificate of appealability, Recommended Decision on 28 U.S.C. § 2255 Mot. (ECF No. 253) (Recommended Decision), and on February 7, 2019, the Court affirmed the Magistrate Judge's recommended decision over Mr. Goguen's objection. Order Affirming Recommended Decision on 28 U.S.C. § 2255 Mot. (ECF No. 280). Mr.Goguen appealed. Notice of Appeal (ECF No. 281). On February 24, 2020, the Court of Appeals for the First Circuit affirmed this Court's denial of a certificate of appealability, J. of United States Ct. of Appeals for the First Circuit (ECF No. 324) (2020 First Circuit J.), on June 8, 2020, the First Circuit denied Mr. Goguen's petition for rehearing and petition for rehearing en banc, Order of Court, United States v. Goguen, 19-1164 (1st Cir. June 8, 2020), and on June 15, 2020, the First Circuit issued its mandate on the judgment. Mandate (ECF No. 348).
While the appeal of his habeas corpus petition was pending, on April 22, 2019, Mr. Goguen through counsel filed a motion to withdraw his guilty plea on a new criminal charge reflected in United States v. Goguen, 1:16-cr-00167-JAW, as well as his admission to his violations of supervised release in United States v. Goguen, 1:11-cr-00003-JAW. Mot. to Withdraw Guilty Plea (ECF No. 289; ECF No. 113) (First Mot. to Withdraw Plea and Admission).3 On September 6, 2019, the Court denied Mr. Goguen's motion to withdraw his guilty plea and admission. Order on Def.'s Mot. to Withdraw Guilty Plea (ECF No. 293; ECF No. 120) (Order on Mot. to Withdraw Plea and Admission).
As his November 13, 2019, sentencing hearing date approached, see Notice of Hr'g (ECF No. 294; ECF No. 121), on September 23, 2019, Mr. Goguen filed an ex parte motion requesting authorization to proceed pro se. Ex Parte Filing Mot. Requesting Authorization to Proceed Pro Se (ECF No. 296; ECF No. 123). The Courtheld a hearing on the motion on October 22, 2019. Min. Entry (ECF No. 300; ECF No. 125). At the hearing, Mr. Goguen complained about the failure of his attorney to pursue legal arguments in the motion to withdraw guilty plea and admission that Mr. Goguen was convinced were meritorious. Of the view that Mr. Goguen would harbor a sense of injustice unless the Court allowed him to file his own motion, the Court authorized Mr. Goguen to file a pro se motion to withdraw his guilty plea and admission. Id.; Oral Order Granting in Part Ex Parte Mot. to Appear Pro Se (ECF No. 301; ECF No. 126). Mr. Goguen did so on January 10, 2020. Def.'s Pro Se Mot. to Withdraw Guilty Plea(s) and Req. for Order to Disqualify Hon. John A. Woodcock, Jr. (ECF No. 309; ECF No. 132) (Def.'s Mot.).4
On January 23, 2020, the Government filed a motion to gain access to Attorney Tzovarras' confidential communications. Gov't's Mot. for Ct. Order Authorizing Disclosure of Confidential Communications (ECF No. 313; ECF No. 136). On February 12, 2020, Mr. Goguen objected to the disclosure. Def.'s Obj. to Disclosure of Confidential Communications (ECF No. 321; ECF No. 143). On February 27, 2020, the Government filed a reply. Gov't's Reply to Def.'s Obj. Gov't's Mot. for Ct. Order Authorizing Disclosure of Confidential Communications (ECF No. 325; ECF No. 145). On April 2, 2020, the Court issued an order, essentially granting the Government'srequest for the disclosure of otherwise confidential communications. Order on Gov't's Mot. for Ct. Order Authorizing Disclosure (ECF No. 330; ECF No. 150).
On May 14, 2020, the Government filed an objection to Mr. Goguen's pro se motion to withdraw guilty plea and admission. Gov't's Obj. to Def.'s Pro Se Mot. to Withdraw Plea(s) (ECF No. 339; ECF No. 154) (Gov't's Opp'n). On May 23, 2020, Mr. Goguen filed a reply. Def.'s Reply to Gov't's Obj. to Def.'s Pro Se Mot. to Withdraw Plea(s) (ECF No. 347; ECF No. 158) (Def.'s Reply).
Finally, although not expressly authorized to do so, Mr. Goguen filed an additional pro se motion on April 13, 2020. Req. for Article III Judge to Provide by Any Equitable Means Necessary by Indicative Ruling Relief in Expedited Manner (ECF No. 331). On May 12, 2020, the Government responded. Gov't's Obj.S to Def.'s Req. for Article III Judge to Provide by Any Equitable Means Necessary by Indicative Ruling Relief in Expedited Manner (ECF No. 337). On May 18, 2020, Mr. Goguen replied to the Government's response. Def.'s Reply to Gov't's Resp. Regarding Mot. for Relief (ECF No. 344). Contemporaneously with this order, the Court is issuing an order on Mr. Goguen's April 13, 2020, pro se motion for indicative ruling.
On December 14, 2016, a federal grand jury indicted Mr. Goguen for possession of child pornography depicting prepubescent minors or minors under twelve years old, an alleged violation of 18 U.S.C. §§ 2252A(a)(5)(B), 2252A(b)(2), and 2256(8)(A). Indictment (ECF No. 1) (Possession Indictment). On September 15, 2017, after the Court resolved a motion to suppress evidence and a motion in limine, Order AffirmingRecommended Decision of Magistrate Judge (ECF No. 190; ECF No. 48) (Suppression Order); Order on Mot. in Limine to Admit Evid. of Possession of Files Containing Child Erotica & Bestiality (ECF No. 54) (Mot. in Limine Order), Mr. Goguen pleaded guilty to this new charge. Min. Entry (ECF No. 64).
The same sequence of delay in the imposition of sentence for the revocation violations that the Court explained above applies to the imposition of sentence on the new criminal conduct. In addition, Attorney Tzovarras, Mr. Goguen's former counsel, repeatedly moved to extend the time for filing objections to the presentence report and to continue the sentencing hearing, in some cases on both the revocation and the new criminal conduct. Def.'s Mot. for Enlargement of Time for Initial Disclosure of Pre-Sentence Report (ECF No. 68); Def.'s Mot. for Extension of Time to File Objs. to PSR Before Initial...
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