DECISION AND ORDERI. INTRODUCTION Defendant James F. Lagona stands convicted in two separate cases in this district. First, on February 23, 2011, after an 11-day trial, a jury returned a guilty verdict against Lagona on 26 counts of mail fraud and aiding and abetting mail fraud, in violation of 18 U.S.C. §§2, 1341; and one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. §1349 (10-CR-90S, the “mail fraud case”). (10-CR-90S, Docket Nos. 76, 81.) Second, on December 18, 2012, Lagona pleaded guilty to attempted obstruction of the due administration of justice, in violation of 18 U.S.C. §1503 (a) (12-CR-375S, the “obstruction case”). (12-CR-375S, Docket Nos. 11, 12.)Lagona filed post-trial motions for judgment of acquittal or a new trial in the mail fraud case, which this Court denied, see United States v. Gent, No. 10-CR-90S, 2012 WL 1899159 (W.D.N.Y. May 23, 2012), aff’d sub nom. Gane v. United States, 592 F. App’x 4 (2d Cir. 2014), but did not file post-plea motions in the obstruction case. The mail fraud and obstruction cases were then joined for sentencing. On March 20, 2013, this Court sentenced Lagona to 9 years’ imprisonment on the mail fraud counts (to run concurrent), 1 year of imprisonment on the conspiracy count (to run consecutive), and 1 additional year of imprisonment (to run consecutive) on the obstruction case. (10-CR-90S, Docket No. 218; 12-CR-375S, Docket No. 16.)Thereafter, Lagona appealed both cases to the United States Court of Appeals for the Second Circuit, which, on October 24, 2014, denied Lagona’s appeals in a consolidated summary order. See Gane v. United States, 592 Fed.App’x 4 (2d Cir. 2014).Now before this Court is Lagona’s combined motion1 under Rules 11 and 33 of the Federal Rules of Criminal Procedure to withdraw his guilty plea in the obstruction case and for a new trial in the mail fraud case, both based on newly discovered evidence.2 The government opposes the motion. With briefing fully completed and oral argument deemed unnecessary, this Court will deny Lagona’s motion.II. NEWLY DISCOVERED EVIDENCEThe newly discovered evidence relates to a discussion that Lagona allegedly had with a counselor while he was detained at the Buffalo Federal Detention Facility. (Affirmation of James F. Lagona (“Lagona Aff.”), Docket No. 259-1, 14.) According to Lagona, this counselor — Gena Ligonde — advised him that he was “suffering from severe anxiety and depression, as well as post-traumatic stress disorder.” (Id.) Ligonde allegedly traced these conditions to Lagona’s wife’s troubled pregnancy, the premature birth of his daughter (some 27 years ago), and the constant stress of caring for his disabled wife and handicapped daughter. (Id.)Lagona further claims that Ligonde told him that he “subconsciously developed two separate coping mechanisms over the years, disassociation and compartmentalization.” (Id. at 16.) These two coping mechanisms allegedly caused Lagona “to distance himself from anything that would distract [him] from caring for [his] disabled wife and handicapped daughter, and to subconsciously push those matters aside so that [he] could function on a daily basis.” (Id.)The import of this evidence, according to Lagona, is that it explains why he “had no awareness” of co-defendant Guy Gane’s illegal conduct in the mail fraud case. (Id. at 17.) Lagona also claims that these newly discovered conditions, along with the trial and verdict in the mail fraud case and the subsequent suicide of a close friend, “led to the obstruction matter,” in the sense that “it all became far too much for [him].” (Id. at 18.) Lagona claims that Ligonde told him that his newly discovered conditions “clearly explained [his] actions and behaviors in both matters.” (Id. at 19.)Based on this newly discovered evidence, Lagona seeks (1) to withdraw his guilty plea in the obstruction case, (2) to receive a new trial in the mail fraud case, (3) to have this Court issue subpoenas to obtain Ligonde’s records and testimony, (4) to have counsel appointed, and (5) to be released from custody. (Id. at
