United States v. Jose Gonzalez-Barcenas

NOT RECOMMENDED FOR PUBLICATION File Name: 22a0379n.06 No. 22-1061 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT Sep 21, 2022 DEBORAH S. HUNT, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE WESTERN ) DISTRICT OF MICHIGAN JOSE ADOLFO GONZALEZ-BARCENAS, ) Defendant-Appellant. ) OPINION ) Before: MOORE, THAPAR, and LARSEN, Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Jose Gonzalez-Barcenas pleaded no contest to making false statements under oath in his application for naturalization. He subsequently moved to withdraw the plea, and the district court denied the motion. On appeal, Gonzalez-Barcenas argues that (1) the prosecution improperly withheld Brady material prior to his plea, thereby committing fraud on the court; (2) the district court improperly denied his motion to withdraw his plea; and (3) the district court improperly revoked his citizenship. We AFFIRM. I. BACKGROUND On October 26, 2015, Jose Gonzalez-Barcenas applied for United States citizenship. R. 42 (Presentence Investigation Report (PSR) ¶ 8) (Page ID #113). On his application, he answered “no” to question 14-E, which asked whether he was “ever involved in any way with . . . [f]orcing, or trying to force, someone to have any kind of sexual contact or relations.” Id. ¶ 9 (Page ID #114). He also answered “no” to question 22, which asked whether he had “ever committed, assisted in No. 22-1061, United States v. Gonzalez-Barcenas committing, or attempted to commit, a crime or offense for which [he was] not arrested.” Id. He certified, under penalty of perjury, that his answers were correct. Id. Gonzalez-Barcenas’s application for naturalization was approved, and he completed a follow-up form, answering that he had not committed any subsequent crime or offense for which he had not been arrested. Id. ¶ 11 (Page ID #114). He became naturalized as a U.S. citizen. Id. In August 2017, Gonzalez-Barcenas’s minor stepdaughter told her mother that Gonzalez- Barcenas had sexually abused her when she was between the ages of five and sixteen years old. Id. ¶ 12 (Page ID #114). Gonzalez-Barcenas was arrested and charged in Michigan state court with two counts of criminal sexual contact in the second degree. Id. ¶ 13 (Page ID #115). He was found guilty after a trial. Id. On March 10, 2021, Gonzalez-Barcenas was indicted in federal court for making false statements under oath in his application for naturalization and failing to correct those false statements, in violation of 18 U.S.C. § 1425(a) and 8 U.S.C. § 1451(f). R. 1 (Indictment) (Page ID #1–2). The indictment charged that Gonzalez-Barcenas made false statements when he stated that he had never committed a crime for which he was not arrested and he had never been involved in forcing or trying to force someone to have sexual contact or relations. Id. at 1 (Page ID #1). On October 6, 2021, Gonzalez-Barcenas pleaded no contest to the charges. R. 62 (Tr. at 17) (Page ID #214). On January 18, 2022, the government moved to revoke …

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