Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Yfantidis

United States District Court, E.D. Michigan, Southern Division

May 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
D-1, ALEXANDROS YFANTIDIS, Defendant.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SET ASIDE PLEA AND SENTENCING [34] AND SANCTIONING THE GOVERNMENT

          STEPHEN J. MURPHY, III United States District Judge

         Defendant Alexandros Yfantidis pleaded guilty to mail fraud, in violation of 28 U.S.C. § 1341. ECF 18. He now moves to set aside his plea and the resultant sentence on the grounds that his attorney coerced him into entering the agreement. For the reasons below, the Court will deny the motion.

         BACKGROUND

         Yfantidis operated a laundry business out of a building in Warren, Michigan. On May 4, 2011, someone uncoupled gas pipes in the building and lit a candle, resulting in the building's explosion and widespread damage to the surrounding neighborhood. Yfantidis filed an insurance claim on the building, eventually securing $236, 633.84 from the insurer. He was later indicted on six counts: (1) arson, (2) mail fraud, (3) use of fire to commit a federal felony, (4) bank fraud, (5) obstruction of justice, and (6) bankruptcy fraud.

         On January 12, 2015, Yfantidis signed a plea agreement with the Government in which he agreed to plead guilty to count two (mail fraud) and the Government agreed to dismiss the remaining five counts. ECF 18. The agreement stated that there were "no sentencing guideline disputes" and that Yfantidis's guideline range was 63 to 78 months. Id. at PgID 51. The agreement made no mention of probation.

         The next month, Yfantidis appeared for his plea hearing. The Court questioned him directly about his age, birthplace, schooling, health, and whether he understood the Court's questions. Plea Hr'g Tr., ECF 37, 5:2-7:12. He answered each question directly. At one point, his lawyer interjected:

THE COURT: Okay. I take it you read and write English pretty well?
DEFENDANT YFANTIDIS: I can -- I cannot write very well or -- I understand but I cannot -- THE COURT: Okay.
MR. STEINGOLD: He understands fully, Your Honor. He doesn't express himself as well as he understands.
THE COURT: Okay.
MR. STEINGOLD: But he certainly understands everything the Court is saying.
THE COURT: Okay. You understand what I'm saying, you can get through the case and the materials with the assistance of your lawyer, correct?
DEFENDANT YFANTIDIS: Correct, Your ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.