Maldonado v. US
| Citation | 679 F. Supp.2d 991 |
| Decision Date | 15 January 2010 |
| Docket Number | No. C 08-4074-MWB,CR 05-4084-MWB.,C 08-4074-MWB |
| Parties | Reynaldo MALDONADO, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | United States District Courts. 4th Circuit. Northern District of West Virginia |
Donna M. Schauer, Schauer Law Office, Adel, IA, Douglas L. Roehrich, Roehrich Law Office, LLC, Sioux City, IA, for Petitioner.
Kevin C. Fletcher, U.S. Attorney's Office, Sioux City, IA, for Respondent.
TABLE OF CONTENTS
I. INTRODUCTION..........................................................996
A. The Criminal Proceedings..........................................996
B. The Appeal........................................................997
C. The§ 2255 Motion.............................................998
D. The Evidentiary Hearing...........................................999
II. LEGAL ANALYSIS......................................................1001
A. Standards For Relief Pursuant To § 2255.....................1001
B. Procedural Default...............................................1002
C. Improper Use Of An Uncounseled Misdemeanor Conviction............1004
1. Arguments of the parties.......................................1004
2. Analysis.......................................................1004
D. Ineffective Assistance Of Counsel.................................1007
1. Applicable Standards...........................................1007
2. Ineffective assistance regarding a prior conviction............1008
a. Arguments of the parties....................................1008
b. Analysis....................................................1009
3. Ineffective assistance regarding a timely plea.................1011
a. Arguments of the parties....................................1011
b. Analysis....................................................1011
E. Certificate Of Appealability.....................................1013
III. CONCLUSION.........................................................1013
This case is before the court on petitioner Reynaldo Maldonado's August 28, 2008, Pro Se Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (§ 2255 Motion) (Civ. docket no. 1). Maldonado's claims for relief, as subsequently clarified by counsel, are the following: (1) that an uncounseled misdemeanor conviction should not have been counted in Maldonado's criminal history or used to enhance his sentence for an offense committed while on probation, and that counsel was ineffective for failing to object to such use of the misdemeanor conviction, and (2) that counsel was ineffective because his inaction caused Maldonado to forfeit the third of three possible offense level decreases for acceptance of responsibility. The respondent contends that Maldonado's first claim, at least, is procedurally defaulted and that, in any event, Maldonado is not entitled to relief on either of his claims.
In a five-count Indictment (Crim. docket no. 1), against petitioner Maldonado and two co-defendants, handed down July 12, 2005, Maldonado was charged with four drug offenses. Subsequently, in a seven-count Superseding Indictment (Crim. docket no. 20) against the same three co-defendants, handed down August 23, 2005, Maldonado was charged with the following offenses: one count (Count 1) of conspiracy to distribute and to possess with intent to distribute 50 grams or more of actual (pure) methamphetamine and to distribute and to possess with intent to distribute 50 grams or more of actual (pure) methamphetamine within 1,000 feet of playgrounds, all in violation of 21 U.S.C. §§ 846 and 860(a); three separate counts (Counts 2, 3, and 4) of distributing and aiding and abetting the distribution of a mixture of substance containing a detectable amount of methamphetamine within 1,000 feet of playgrounds, all in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860(a), and 18 U.S.C. § 2; and one count (Count 7) of using an identification document that he knew was not issued to him to complete an employment eligibility form in violation of 18 U.S.C. § 1546(b).
On August 29, 2005, Maldonado waived personal appearance at arraignment on the charges in the Superseding Indictment and entered a plea of not guilty through appointed counsel. See Crim. docket no. 26. Trial was eventually set on the charges against all defendants for December 5, 2005, before United States District Court Judge (now Chief United States District Court Judge) Linda R. Reade. The Trial Scheduling Order (Crim. docket no. 40), § VIII, entered by Judge Reade expressly provided that, if a defendant did not enter a guilty plea by November 18, 2005, the parties could "assume that the court will no longer grant the additional one level decrease because of the inability of the court to allocate its resources efficiently, unless exceptional circumstances are shown during the sentencing hearing."
Maldonado's co-defendants both filed notices of intent to plead guilty on November 18, 2005. See Crim. docket nos. 46 & 48. One actually pleaded guilty on November 18, 2005, before United States Magistrate Judge (now Chief United States Magistrate Judge) Paul A. Zoss on November 18, 2005. See Crim. docket no. 47. Maldonado did not file a Notice Of Intent To Plead Guilty (Crim. docket no. 52) until November 22, 2005. Maldonado and his second co-defendant both pleaded guilty before Judge Zoss on November 28, 2005. See Crim. docket nos. 54 (minutes of Maldonado plea hearing) & 58 (minutes of co-defendant's plea hearing). The undersigned accepted Judge Zoss's November 28, 2005, Report and Recommendation (Crim. docket no. 57) recommending acceptance of Maldonado's guilty pleas by Order (Crim. docket no. 66) dated December 14, 2005, thereby accepting Maldonado's guilty plea to all five counts against him.
On April 4, 2006, Maldonado appeared before the undersigned for sentencing. See Crim. docket no. 94. The court determined that Maldonado's adjusted offense level was 33, that his criminal history category was III, that his advisory guidelines sentencing range was 168 to 210 months on Counts 1 through 4, and that there was a 60-month statutory maximum sentence on Count 7. That guidelines calculation included a two-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a), but did not include a further one-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b), because Maldonado did not give timely notice of his intent to plead guilty. Presentence Investigation Report (PSIR) (Crim. docket no. 97), ¶ 28. Counsel originally filed an objection to a two-level enhancement because Maldonado committed the charged offenses while on probation for a misdemeanor drunk driving offense in California, on the ground that Maldonado asserted that he did not know he was on probation for that offense. Counsel withdrew that objection prior to sentencing, however, based on information concerning Maldonado's probation status from state court documents provided by the prosecution. The court denied Maldonado's motion for downward variance to the statutory mandatory minimum sentence of 120 months and, instead, imposed concurrent sentences of 168 months, the low end of the advisory guidelines sentencing range, on Counts 1 through 4 and a concurrent sentence at the statutory maximum of 60 months on Count 7, with various other terms and conditions.
Maldonado's counsel filed a Notice of Appeal (Crim. docket no. 107) on April 13, 2006. The same counsel was then appointed to represent Maldonado on appeal. Counsel moved to withdraw and filed a brief on appeal under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that Maldonado's sentence was unreasonable because the district court did not grant a downward variance based on Maldonado's history of alcohol abuse and the disparity in Maldonado's and a co-defendant's sentences. Maldonado also filed a pro se supplemental brief, contesting his absence from the arraignment on the Superseding Indictment and the lack of an interpreter at the plea hearing and asserting ineffective assistance of counsel claims. See United States v. Maldonado, 241 Fed. Appx. 343 (8th Cir.2007); Crim. docket no. 142.
The Eighth Circuit Court of Appeals affirmed the sentence, holding as follows:
In determining the sentence, the district court considered Maldonado's Guidelines imprisonment range, along with other 18 U.S.C. § 3553(a) factors, and nothing in the record suggests the district court failed to consider a relevant factor that should have received significant weight, gave significant weight to an improper or irrelevant factor, or considered only appropriate factors but in weighing those factors committed a plain error of judgment. See United States v. Lincoln, 413 F.3d 716, 717-18 (8th Cir.2005); United States v. Haack, 403 F.3d 997, 1004 (8th Cir. 2005). In determining that a downward variance was not warranted, the court considered the reasons for the differing sentences imposed on Maldonado and his co-defendant, cf. United States v. Plaza, 471 F.3d 876, 880 (8th Cir.2006) (), and alcohol abuse generally is not a proper ground for a downward variance, see id. at 879-80 ().
Maldonado, 241 Fed.Appx. at 344. The appellate court also rejected Maldonado's pro se arguments, as follows:
As for Maldonado's pro se arguments, his valid guilty plea forecloses his contention that it was error for him to...
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...self-inflicted. 12. The government cites a single, out-of-circuit district court case for its proposition. Maldonado v. United States, 679 F. Supp. 2d 991, 1011 n. 4 (N.D. Iowa 2010). That court held that it was reasonable to presume that a sentencing judge, who had sentenced defendant to t......