Saquil-Orozco v. United States

• Decision Date: 17 June 2015
• Docket Number: No. C 13-4085-MWB,C 13-4085-MWB
• Parties: DANIEL SAQUIL-OROZCO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
• Court: U.S. District Court — Northern District of Iowa

DANIEL SAQUIL-OROZCO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

No. C 13-4085-MWB

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

June 17, 2015

(No. CR 12-4016-MWB)

MEMORANDUM OPINION AND ORDER REGARDING PETITIONER'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT A SENTENCE

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................... 2

A. Criminal Proceedings .............................................................. 2

B. Section 2255 Proceedings ......................................................... 9

II. LEGAL ANALYSIS ...................................................................... 11

A. General Standards For § 2255 Relief ......................................... 11

1. Grounds for § 2255 relief ............................................... 11

2. Standards for an evidentiary hearing ................................. 13

B. Saquil-Orozco's Claims Of Ineffective Assistance of Counsel ............................................................................. 15

1. "Ineffective assistance of counsel" standards ...................... 15

2. Improper stipulation to an upward variance ........................ 16

a. Arguments of the parties ....................................... 17

b. Analysis ............................................................ 18

3. Failure to challenge possession of the firearm ..................... 21

a. Arguments of the parties ....................................... 21

b. Analysis ............................................................ 22

C. The Brady Claim .................................................................. 23

1. Arguments of the parties ................................................ 23

2. Analysis .................................................................... 24

D. Certificate Of Appealability ..................................................... 26

III. CONCLUSION ............................................................................ 27

This case is before me on petitioner Daniel Saquil-Orozco's Motion For Vacation Of Sentence Pursuant To 28 U.S.C. § 2255 (§ 2255 Motion) (Civ. docket no. 1), which Saquil-Orozco filed pro se. Saquil-Orozco seeks relief from concurrent sentences of 100 months of imprisonment on a charge of possession of a firearm by a felon and illegal alien and a charge of illegal reentry, pursuant to a Rule 11(c)(1)(C) plea agreement, which included a stipulation to an upward variance from the advisory sentencing guidelines range of 63 to 78 months of imprisonment. Saquil-Orozco asserts two claims of ineffective assistance of his trial counsel and a Brady violation by the prosecution as grounds for § 2255 relief. The respondent denies that Saquil-Orozco is entitled to any relief on his claims.

I. INTRODUCTION

A. Criminal Proceedings

On February 2, 2012, Saquil-Orozco was indicted as the sole defendant in a two-count Indictment. Count 1 of the Indictment charged that, on or about December 18, 2011, Saquil-Orozco was a felon and illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and (5) and 924(a)(2). Count 2 of the Indictment charged that, on December 18, 2011, Saquil-Orozco was found illegally in the United States after removal to Guatemala subsequent to a conviction for a drug felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Counsel was appointed to represent Saquil-Orozco, and Saquil-Orozco entered pleas of not guilty to both charges on March 2, 2012.

Prior to trial, which was eventually set to begin on July 9, 2012, the court scheduled a change-of-plea hearing for July 3, 2012. See Order (Crim. docket no. 45). Saquil-Orozco's trial attorney had negotiated a Rule 11(c)(1)(C) plea agreement,including a stipulation to an upward variance from Saquil-Orozco's anticipated advisory sentencing guidelines range of 63 to 78 months of imprisonment to a range of 100 to 120 months of imprisonment. Trial counsel avers—and Saquil-Orozco does not dispute—that, prior to or in the course of negotiations of a plea agreement, trial counsel had questioned another defense attorney and had performed his own research concerning the likelihood that I would vary upward in a case involving domestic violence, use of firearms, and drug trafficking, and that he had concluded that such a variance was likely in Saquil-Orozco's case. See Respondent's Resistance, Trial Counsel's Affidavit (Civ. docket no. 17-1), 2-3. Saquil-Orozco refused to sign the negotiated plea agreement, however, so his case was returned to the active trial docket for trial on July 9, 2012. See Order (Crim. docket no. 50).

Saquil-Orozco's jury trial began as scheduled on July 9, 2012, and continued on July 10, 2012. See Trial Minutes (Crim. docket nos. 62 and 64). On July 10, 2012, both the prosecution and the defense rested, without the defense calling any witnesses or presenting any evidence. See Trial Minutes (Day 2) (Crim. docket no. 64). Rather, at the conclusion of the evidence, the defense moved for a mistrial on the ground that the prosecution had failed to disclose that an investigating officer would recant, in his trial testimony, a part of his police report of the incident giving rise to the charges against Saquil-Orozco. Specifically, the officer recanted the portion of his police report stating that the suspect was bald (but Saquil-Orozco was not), which the prosecution had apparently known for approximately two weeks prior to trial. See id.; Trial Transcript (Crim. docket no. 85), 323:12-19. The officer had explained, in his trial testimony, that the incorrect reference to the suspect being bald in his report was likely the result of either his misstatement or a faulty transcription of his recorded oral dictation. See Trial Transcript at 300:8-307:23. Trial counsel argued in support of his motion for a mistrial that the failure to disclose this information could have had an impact on Saquil-Orozco'sdecision not to accept the proposed plea agreement and, instead, go to trial. See id. at 323:15-325:13. Trial counsel argued that "the proper remedy is to put the defendant back in the same position that he was before he rejected the [plea] agreement and, you know, see if he still wants to accept the proposal that was on the table or even some other proposal." Id. at 325:10-13. The prosecution also suggested that less drastic remedies than a mistrial might be appropriate. Id. at 326:5-7.

At that point in the proceedings, I commented as follows:

THE COURT: Well, let me—let's explore this a little bit. Without ruling on the motion for mistrial—and I'm not saying anybody did anything wrong. I'm not at that point, or I may never be at that point. But the easiest resolution is—I mean, this trial, with all due respect to both sides, is really a slow guilty plea. I use that phrase jokingly in chambers with regard to some trials, but, you know, let's face it. Government has a very strong case. You had a thin re[e]d to rely on, you know, with the bald description, and the witness effectively kind of undermined your ability to argue that effectively in my limited judgment here.

Would the government—so without, you know, ruling on a mistrial, would the government—I'm just looking at a simple solution, but it may be too simple. Would the government be willing to put the defendant in the same position as he was last Thursday maybe or Friday when a plea was set up?

Trial Transcript at 326:8-23. After a recess of approximately half an hour, during which the parties discussed the matter, the parties notified me that they planned to enter into a Rule 11(c)(1)(C) plea agreement, and the proceedings morphed into a plea-taking hearing. Trial Minutes (Day 2). Saquil-Orozco signed essentially the same plea agreement that he had previously been offered, and I accepted his guilty plea to both charges in the Indictment. Plea Hearing Minutes (Crim. docket no. 65), 2.

Two portions of the plea agreement that Saquil-Orozco signed are of particular interest here. First, Saquil-Orozco struck out the following subparagraphs of the Stipulation Of Facts in the plea agreement:

J. Defendant used the firearm in connection with another felony offense when he pointed the firearm at others, threatened others with the firearm, and repeatedly discharged the firearm.

K. Defendant has physically abused his former paramour E.C.

L. After returning to Sioux City, Iowa, defendant possessed, possessed with the intent to sell, sold, and otherwise trafficked and [sic] unknown amount of marijuana from his Sioux City, Iowa home.

Plea Agreement (Crim. docket no. 63), ¶ 10(J)-(L). Notwithstanding that Saquil-Orozco had struck out the quoted subparagraphs of the Stipulation Of Facts, he did agree to the following portion of the plea agreement concerning Sentencing Provisions:

12. Pursuant to Rule 11 (c)(1)(C) of the Federal Rules of Criminal Procedure, the Court shall be bound by the terms of this plea agreement, including the sentencing range as determined by the parties (i.e., 100 - 120 months' imprisonment). If the Court does not agree to be bound, neither party shall be bound by, or held to perform, the obligations imposed by this agreement, and the agreement shall be rendered null and void. In reaching this agreement the parties anticipated defendant would be placed in Criminal History Category III and have a total offense level (after application of USSG §§2K2.1 (a)(4)(a) and (b)(6)(B) (in connection with) and a two-level reduction pursuant to USSG §3E1.1 (acceptance or responsibility)) of 24, resulting in an advisory guideline range of 63-78 months' imprisonment. The United States believes, and defendant does not contest, that the upward departure and/or variance up to the range of 100-120 months' imprisonment captures defendant's use of the firearm, his physical abuse of his former paramour E. C., and his marijuana trafficking activities.

Plea Agreement, ¶ 12 (emphasis added).

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