Blancas v. U.S., EP-03-CA-0307-DB.
| Citation | 344 F.Supp.2d 507 |
| Decision Date | 09 November 2004 |
| Docket Number | No. EP-03-CA-0307-DB.,No. EP-98-CR-1194-DB.,EP-03-CA-0307-DB.,EP-98-CR-1194-DB. |
| Parties | Marco Antonio BLANCAS, Movant, v. UNITED STATES of America, Respondent. |
| Court | U.S. District Court — Western District of Texas |
Marco Antonio Blancas, Beaumont, TX, pro se.
MEMORANDUM ORDER AND OPINION DENYING MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO TITLE 28 U.S.C. § 2255
On this day, the Court considered Marco Antonio Blancas' ("Blancas") Motion to Vacate, Set Aside or Correct Sentence ("Motion to Vacate") [Docket no. 159], filed on August 11, 2003, pursuant to 28 U.S.C. § 2255. The Government filed a Response to Blancas' Motion to Vacate ("Response") [Docket no. 163] on October 7, 2003. Blancas' Reply Brief to the Government's Response ("Reply") [Docket no. 164] followed on October 20, 2003. After carefully considering the pleadings, the record of the proceedings in cause no. EP-98-CR-1194-DB, and the testimony elicited at an evidentiary hearing held on September 22, 2004, the Court concludes that Blancas' claims are either procedurally barred from review, or alternatively, entirely without merit. Accordingly, those claims are denied and Blancas' Motion to Vacate is dismissed with prejudice.
On October 4, 2000, the Grand Jury sitting in El Paso, Texas, returned a twelve-count Superseding Indictment [Docket no. 21] against Blancas and three co-defendants.1 The Superseding Indictment named Blancas in only the first two counts. Specifically, the Government alleged that, between June 1997 and January 1999, Blancas conspired to import 5 kilograms or more of cocaine and 1000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 952(a), 960(a)(1), 960(b)(1)(G), and 960(b)(1)(B)(ii) (Count One); and conspired to possess with intent to distribute this same quantity of cocaine and marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(ii)(II) (Count Two).
Blancas was arrested on October 22, 2000. Attorney Kathleen Salome Smith ("Smith"), who was then professionally associated with attorney Joseph "Sib" Abraham ("Abraham"), entered an appearance as Blancas' attorney of record on October 23, 2000. On October 26, 2000, Blancas entered a plea of not guilty to the charges alleged in the Superseding Indictment. The Court held a detention hearing on the same day and ordered Blancas detained without bond pending trial.
Roughly five weeks later, on December 6, 2000, the Grand Jury returned a seventeen-count Second Superseding Indictment [Docket no. 47] against Blancas. The five new counts contained in the Second Superseding Indictment charged Blancas with two counts of hostage taking, in violation of 18 U.S.C. § 1203 (Counts Thirteen and Fourteen); two counts of conspiring to take hostages, also in violation of 18 U.S.C. § 1203 (Counts Fifteen and Sixteen);2 and one count of money laundering, in violation of 19 U.S.C. §§ 1956(h) and 1956(a)(1) (Count Seventeen). Blancas entered a plea of not guilty to the Second Superseding Indictment on December 15, 2000.
The Grand Jury returned a Third Superseding Indictment [Docket no. 88] on January 23, 2002. The Third Superseding Indictment charged Blancas with two counts of witness-tampering, in violation of 18 U.S.C. § 1512(a)(1)(A) (Counts Eighteen and Nineteen). Blancas entered a plea of not guilty on March 1, 2002.
The Grand Jury returned yet a Fourth Superseding Indictment [Docket no. 109] on March 20, 2002. The Fourth Superseding Indictment carried forward each of the counts previously alleged against Blancas and additionally charged him with one count of conspiring to use interstate commerce facilities in commission of murder-for-hire, in violation of 18 U.S.C. § 1958 (Count Twenty).3 Blancas entered a plea of not guilty to the Fourth Superseding Indictment on March 29, 2002.
On March 27, 2002, Abraham moved to sever Counts Eighteen, Nineteen, and Twenty from Counts One through Seventeen, pursuant to Federal Rules of Criminal Procedure 8(a) and 14 [Docket no. 116]. In a supporting Memorandum of Law [Docket no. 117], Abraham argued that the Third and Fourth Superseding Indictments prejudicially joined Counts Eighteen, Nineteen, and Twenty to Counts One through Seventeen. He asserted that the evidence admissible to prove the charges in Counts Eighteen, Nineteen, and Twenty was irrelevant to prove the drug conspiracy, money laundering and hostage taking charges encompassed in Counts One through Seventeen. Further, Abraham urged, the highly inflammatory nature of the proof related to Blancas' alleged threat to murder the informants who would testify against him would seriously prejudice Blancas' ability to defend Counts One through Seventeen. On April 3, 2002, shortly after filing his Motion to Sever, Abraham filed a Motion to Suppress Evidence Derived from Government Misconduct [Docket no. 128].4
The Court held a hearing on both Motions on April 26, 2004. In an Order dated April 29, 2002 [Docket no. 136], the Court granted in part and denied in part Abraham's Motion to Suppress. The Court ruled that any statements made by Blancas to the cooperating witness before that witness entered into an agreement with the Federal Bureau of Investigations ("FBI") were admissible against him. It similarly concluded that statements Blancas made to the cooperating witness after that witness agreed to cooperate with the FBI and which concerned crimes for which Blancas had not yet been charged (i.e., witness-tampering and murder-for-hire), were admissible. In contrast, the Court held that statements Blancas made after the cooperating witness had agreed to cooperate with the FBI and which pertained to crimes for which Blancas had already been charged were not admissible. The Court advised the parties that it would therefore permit the Government to introduce redacted tape recordings and transcripts of conversations between Blancas and the cooperating witness.5 The Court subsequently denied Abraham's Motion to Sever Counts Eighteen, Nineteen, and Twenty in an Order dated July 11, 2002 [Docket no. 137].
Jury selection and trial were scheduled to begin on August 12, 2002. On August 9, 2002, pursuant to a plea agreement filed the same day, Blancas waived his right to be indicted by the Grand Jury and consented to be charged via Information. That Information [Docket no. 151], to which he agreed to plead guilty, charged him with one count of hostage taking (regarding solely Santiago Sahagun), in violation of 18 U.S.C. § 1203. In exchange, the Government agreed to dismiss the pending counts contained in the Fourth Superseding Indictment. The parties further agreed to jointly recommend a 300-month (i.e., 25-year) term of imprisonment. Regarding Blancas' right to appeal, the plea agreement expressly provided:
By entering into this agreement, and as a term of this agreement, the Defendant voluntarily and knowingly waives his right to appeal his sentence on any ground, including any appeal right conferred by 18 U.S.C. § 3742; provided, however, that this waiver does not extend to his right to appeal any upward departure pursuant to U.S.S.G. § 5K2.0 from the Guideline range found by the District Court and does not extend to his right to appeal a decision by the District Court [] that the Defendant is not eligible for a downward departure under 18 U.S.C. § 3553(f) as referenced above. The Defendant also knowingly and voluntarily waives his right to contest his sentence in any post-conviction proceeding, including but not limited to, a proceeding pursuant to 28 U.S.C. § 2255; provided, however, that consistent with principles of professional responsibility imposed on Defendant's counsel and counsel for the Government, the Defendant does not waive his right to challenge his sentence to the extent that it is the result of a violation of his constitutional rights based on claims of ineffective assistance of counsel or prosecutorial misconduct of constitutional dimension.6
In a proceeding held the same day, Blancas entered a plea of guilty and admitted that the factual basis alleged by the Government was true and correct.7 That hearing's transcript shows that a certified translator, Roberto Perez-Diaz, was sworn in at the beginning of the hearing to interpret for Blancas.8 The Court accepted Blancas' plea after establishing to its satisfaction that the plea was voluntary and intelligent and that the factual basis for it was true and correct. Because Blancas, with Abraham's concurrence, indicated that he wished to proceed directly to sentencing, the Court did not await the preparation of a Presentence Report, but instead sentenced Blancas immediately after the plea to a 300-month term of imprisonment, a 5-year term of supervised release, and a $100 special assessment. The Court entered Final Judgment [Docket no. 156] on August 14, 2002. Blancas did not appeal.
Blancas raises six overlapping claims in his Motion to Vacate. First, Blancas argues that his guilty plea was unlawfully induced or involuntary because he did not understand the nature of the charge and the consequences of his plea ("Ground One").9 To support his claim, Blancas pleads the following facts: (1) the Court subjected him to boilerplate questioning, specifically designed to elicit the desired response, without engaging in any meaningful attempt to confirm that he actually understood the rights he was waiving; (2) he did not know the elements of the offense to which he pleaded guilty and the factual basis for the plea was "trumped-up"; (3) counsel frightened him into making "a last-minute choice between pleading guilty or be [ing] executed"; told him that a jury had been picked and that one of the jurors had previously been taken hostage; and additionally told him that he was certain to be found guilty if he went to trial.10 Therefore, Blancas...
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