In a petition filed last month, first , Gonzalez informed the U.S. District Court for the District of Massachusetts that he would like to withdraw his guilty plea and asked the court to vacate its sentence.

In his 25-page petition, Gonzalez blamed his attorneys Martin Weinberg and Rene Palomino for not properly representing him or informing him about his defense options. Gonzalez also claimed that his lawyers did not appeal his sentence as he had asked them to.

Gonzalez was in Miami in 2008 along with 10 other individuals on charges relating to the thefts at TJX, Dave & Busters, BJ's Wholesale Club, OfficeMax, Boston Market, Barnes & Noble, Sports Authority, Forever 21 and DSW.

Later he was also charged with the break-ins at Heartland Payment Systems, Hannaford, 7-Eleven and two other unnamed retailers. Gonzalez was indicted in three different states, New York, Massachusetts and New Jersey for his crimes. Prosecutors alleged that Gonzalez and his international gang of cyber criminals stole data on more than 130 million debit and credit cards over a multi-year period.

In Sept. 2009, Gonzalez, to 20 counts of conspiracy, computer fraud, wire fraud, access device fraud and aggravated identity theft. He was to two concurrent 20 year terms by federal courts in Massachusetts and NJ.