United States v. Blattner

• Decision Date: 19 July 2016
• Docket Number: No. CR 13-0328 JB,CR 13-0328 JB
• Citation: 195 F.Supp.3d 1205
• Parties: UNITED STATES of America, Plaintiff, v. Chris BLATTNER, Defendant.
• Court: U.S. District Court — District of New Mexico

195 F.Supp.3d 1205

UNITED STATES of America, Plaintiff,

v.Chris BLATTNER, Defendant.

No. CR 13-0328 JB

United States District Court, D. New Mexico.

Signed July 19, 2016

Damon P. Martinez, United States Attorney, Louis E. Valencia, Presiliano Torrez, Assistant United States Attorneys, United States Attorney's Office, District of New Mexico, Albuquerque, New Mexico, Attorneys for the Plaintiff

Donald Kochersberger, Business Law Southwest, LLC, Albuquerque, New Mexico, Attorney for the Defendant

MEMORANDUM OPINION AND ORDER

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Defendant's Motion to Withdraw Guilty Plea, filed October 29, 2015 (Doc. 148)("Motion"). The Court held hearings on the Motion on November 10, 2015, November 23, 2015, December 2, 2015, and December 9, 2015. The primary issue is whether Defendant Chris Blattner has given the Court a fair and just reason to allow him to withdraw his guilty plea, by asserting that he took Lysergic Acid Diethylamide ("LSD") the evening before his plea colloquy with the Honorable Karen B. Molzen, Chief United States Magistrate Judge. The Court has weighed the seven factors that the United States Court of Appeals for the Tenth Circuit requires it to consider when determining whether to allow a defendant to withdraw a guilty plea, and it determines that Blattner has not given the Court a fair and just reason for permitting him to withdraw his plea. The Court, therefore, denies the Motion.

FINDINGS OF FACT

Rule 12(d) of the Federal Rules of Criminal Procedure requires the Court to state its essential findings on the record when deciding a motion that involves factual issues. See Fed. R. Crim. P. 12(d) ("When factual issues are involved in deciding a [pretrial] motion, the court must state its essential findings on the record.").¹ The findings of fact in the Memorandum Opinion and Order shall serve as the Court's essential findings for purposes of rule 12(d).

1. LSD's Pharmacological Effects.

1. LSD² has been in usage in the United States of America since the 1960s. See

Transcript of Hearing at 72:17-73:11 (Torrez, Tella)(taken November 23, 2015), filed December 4, 2015 (Doc. 165)("Nov. 23 Tr").

2. LSD is used mostly by teenagers and young adults no older than their 20s, although occasionally there are instances of older people using it. See Transcript of Hearing at 24:10-26:5 (taken December 2, 2015), filed December 8, 2015 (Doc. 172)(Court, Goldberg, Kochersberger, Torrez)("Dec. 2 Tr.").

3. Today, LSD is used far less than in decades past, particularly in New Mexico. See Dec. 2 Tr. at 26:6-15 (Goldberg, Torrez).

4. Although the exact mechanism is not completely understood, LSD seems to affect some of the deepest and more central parts of the primitive brain in the areas where it is believed that emotion, feelings, and perception are mediated³ —the Hippocampus⁴ and the Cingulate Gyrus.⁵ See Dec. 2 Tr. at 27:19-28:3 (Goldberg).

5. The nature and duration of the effects of LSD may vary depending on factors such as the product's quality, the dose ingested, and the individual user's experience, personality, and metabolism. See Nov. 23 Tr. at 85:24-86:13 (Tella); Dec. 2 Tr. at 28:4-13 (Goldberg).

6. Whether a person might exhibit any observable symptoms after ingesting LSD depends on several factors, including his or her personality, expectations, dosage, and tolerance. See Nov. 23 Tr. at 78:10-19 (Tella).

7. LSD produces physiological effects on the brain and body, as well as psychological effects. See Nov. 23 Tr. at 75:5-7 (Tella); Dec. 2 Tr. at 28:6:30:14 (Goldberg).

8. LSD's physiological effects can include dilated pupils, increased blood pressure and heart rate, increased body temperature, salivation, lacrimation,⁶ sweating, nausea, tremor, and hyperreflexia—which is enhanced reflexes of the muscular flexors—dizziness, piloerection,⁷ hypoglycemia, feelings of numbness, muscle weakness, and sleeplessness or "wakefulness." Nov. 23 Tr. at 75:22-76:9 (Tella); Dec. 2 Tr. at 28:14-20 (Goldberg).

9. LSD's physiological effects are not always manifested in those who have ingested the drug, and they are the same as, or very similar to, the physiological signs of anxiety. See Dec. 2 Tr. at 30:15-31:11 (Goldberg, Kochersberger).

10. For example, any person who is placed in a circumstance that makes them uncomfortable could experience dilated pupils, increased heart rate, sweating, and tremors. See Dec. 2 Tr. at 30:25-31:3 (Goldberg).

11. A person coming into contact with an individual under LSD's influence would not normally observe most of LSD's physiological symptoms—such as dilated pupils, elevated blood pressure, and dizziness—in the absence of in-depth conversation, or mood and emotional changes. See Nov. 23 Tr. at 81:9-82:25 (Kochersberger, Tella); Dec. 2 Tr. at 31:4-32:4 (Goldberg, Kochersberger).

12. Many of LSD's physiological symptoms, such as dizziness, nausea, and muscle weakness, would generally be undetectable unless they were either very extreme, or the user informed someone that he or she was experiencing those symptoms. See Dec. 2 Tr. at 45:18-46:6 (Goldberg).

13. LSD also has psychological effects, including affectation of a person's perception, mood, emotion, intellectual process, and thoughts. See Nov. 23 Tr. at 74:21-24 (Tella).

14. Psychologically, LSD can produce anxiety, altered thinking, altered time perception, convoluted and mixed sensory experiences—such as hearing colors or seeing sounds—visual hallucinations, a sense of enhanced spirituality and spiritual experiences, loss of self, a merging of the individual with the environment around the user, and a loss of boundaries in terms of where the user ends and the world around the user begins. See Dec. 2 Tr. at 28:20-29:11 (Goldberg).

15. LSD may cause marked effects on mood and emotions, including sudden or inappropriate laughing or crying without any or only a slight provocation, euphoria and dysphoria. See Nov. 23 Tr. at 76:14-18 (Tella); id. at 83:9-86:3 (Kochersberger, Tella); Dec. 2 Tr. at 32:10-17 (Goldberg).

16. Even very perceptive observers may not know that someone, particularly a seasoned drug user, is under LSD's influence. See Dec. 2 Tr. at 31:24-32:4 (Goldberg, Kochersberger); id. at 45:3-17 (Goldberg, Torrez).

17. Individuals under LSD's influence are focused on their own internal emotional experiences, are not focused on whatever is going on around them, and tend to say whatever they need to say to get out of the situation in which they are present in order to focus on their LSD experience. See Dec. 2 Tr. at 35:7-21 (Goldberg).

18. An LSD "trip" begins approximately thirty minutes after the drug is ingested, peaks in about four hours and it has a four-hour half-life, meaning that twelve hours after ingesting the drug, a person is down to about an eighth of the initial dose. Dec. 2 Tr. at 29:12-25 (Goldberg). See Nov. 23 Tr. at 77:17-22 (Tella).

2. Blattner's Pre-Trial Criminal History.

19. Blattner has been convicted of various felonies, misdemeanors, and juvenile offenses. See Nov. 23 Tr. at 26:13-21 (Blattner, Torrez).

20. Blattner was convicted of trafficking in a controlled substance in 2000 in Bernalillo County, New Mexico. See Nov. 23 Tr. at 26:13-21 (Blattner, Torrez).

21. Blattner was convicted of trafficking and manufacturing methamphetamine in 2004 in Bernalillo County. See Nov. 23 Tr. at 26:22-27:1 (Blattner, Torrez).

22. On December 15, 2005, Blattner was convicted in the Second Judicial District, County of Bernalillo, State of New Mexico, of the possession with the intent to distribute a controlled substance—methamphetamine. See Nov. 23 Tr. at 27:12-21 (Blattner, Torrez).

23. In June 2009, Blattner was convicted of trafficking and possession with intent to distribute heroin in the Second Judicial District. See Nov. 23 Tr. at 27:12-17 (Blattner, Torrez).

24. On April 3, 2014, Blattner was convicted of second-degree murder with the firearm enhancement in the Second Judicial District and voluntary manslaughter in the death of Kathy Paquin, and was sentenced on both offenses to a total of twenty-seven years. See Nov. 23 Tr. at 28:2-29:1 (Blattner, Torrez).⁸

3. The Federal Criminal Offense.

25. On February 6, 2013, a federal grand jury indicted Blattner on two counts of Distribution of a Mixture and Substance Containing Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) ; one count of Possessing a Firearm During and Relation to and in Furtherance of a Drug Trafficking Crime in violation of 18 U.S.C. § 924(c) ; and two counts of Felon in Possession of a Firearm and Ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). See Indictment at 1-3, filed February 6, 2013 (Doc. 2).

26. On April 9, 2014, Chief Magistrate Judge Molzen set a change of plea hearing for April 17, 2014. See Notice of Hearing, filed April 9, 2014 (Doc. 39).

27. Chief Magistrate Judge Molzen terminated the hearing on April 17, 2014, upon Blattner's notification that he did not wish to enter a guilty plea. See Terminate Plea Hearings, filed April 17, 2014 (No Docket Number Available).

28. Another change of plea hearing was then scheduled for May 23, 2014, during which Blattner again advised that he did not wish to proceed with the hearing. See Notice of Hearing, filed May 8, 2014 (Doc. 42); Plea Minute Sheet, filed May 23, 2014 (Doc. 46).

29. On August 26, 2014, a second federal grand jury charged Blattner in an eight-count superseding indictment, which added additional counts for Possessing a Firearm in Relation to and in Furtherance of a Drug Trafficking Crime in violation of 18 U.S.C. § 924(c) ; Felon in Possession of a Firearm and Ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) ; and Possession with Intent to Distribute a Mixture and Substance Containing Methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). See Superseding Indictment at 1-5, filed August 26, 2014 (Doc. 55).

30. After Blattner filed numerous motions to continue the trial setting,...