United States v. Feldman, No. 17-2868 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated the district court's denial of defendant's motion to stay and vacate a writ of execution on his retirement account. The court held that the district court's reasons for denying defendant's motions were erroneous. In this case, the district court neither allowed discovery nor conducted an evidentiary hearing, and thus the record did not provide a basis for a complete understanding of what happened in the course of the plea negotiations and thereafter.
The court held that the evidence was sufficient in these circumstances to require of the district court that it take evidence and make findings to determine such questions as whether the merger clause should be strictly enforced in accordance with its terms, whether the Office of the United States Attorney's undertaking to recommend restoration was fulfilled, whether its expression of optimism that its recommendation of restoration would be accepted was misleading, and whether defendant was entitled to any relief.