17-773-cr United States v. Gil-Guerrero UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court’s Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 21st day of December, two thousand eighteen. PRESENT: JOSÉ A. CABRANES, ROSEMARY S. POOLER, CHRISTOPHER F. DRONEY, Circuit Judges. UNITED STATES OF AMERICA, Appellee, 17-773-cr v. BORIS GIL-GUERRERO, Defendant-Appellant, and JULIO SANTANA JOSEPH, FRANCISCO RUBIO MONTALVO, ANGEL PEREZ AVILES, DEIVY BURGOS FELIX, CHENGY PADILLA GARO, GUERY GUZMAN ROSA, DANTE CAMINERO VASQUEZ, SAUL 1 HERNANDEZ BATISTA, MOISES DE LA CRUZ DECENA, CELSO MIGUEL SARITA, EDWARD CUEVAS ESCANO, SANTIAGO GUZMAN GONZALEZ, JOSE ARISMENDY CUESTA ABREU, CARLOS PERDONO RISARIO, ELINSON REYES ALMONTE, YEURY AMARANTE ROSARIO, MARIO ANTONIO PLACIDO, YGNACIO ESTEVEZ MESSON, VICTOR VELASQUEZ ROCHTTIS, RAFAELA MEDINA, AKA CAROLINA, Defendants.* FOR DEFENDANT-APPELLANT: STEPHANIE CARVLIN, New York, NY. FOR APPELLEE: ALEX ROSSMILLER, Assistant United States Attorney (Daniel B. Tehrani, Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney, Southern District of New York, New York, NY. Appeal from a March 16, 2017 judgment of the United States District Court for the Southern District of New York (Paul A. Crotty, Judge). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and hereby is AFFIRMED, except to the extent that we VACATE AND REMAND the cause to the District Court with instructions to modify the forfeiture order. Defendant Boris Gil-Guerrero (“Gil-Guerrero”) appeals from a judgment convicting him, following a guilty plea, of conspiracy to commit extortion, in violation of 18 U.S.C. § 1951; conspiracy to impersonate federal officers, in violation of 18 U.S.C. § 371; and conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349. On September 23, 2016, Gil-Guerrero filed a motion to withdraw his guilty plea, which the District Court denied. On March 16, 2017, the District Court sentenced Gil-Guerrero to fifty months’ imprisonment, imposed a $300 mandatory special assessment, and ordered restitution of $860,511.88, jointly and severally, against Gil-Guerrero and * The Clerk of Court is directed to amend the caption of this case to render defendant’s name as “Gil-Guerrero.” 2 his co-defendants. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. I. Gil-Guerrero first argues that the District Court violated Rule 11(b)(2),1 Fed. R. Crim. P., by ...
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