United States v. Juarigui
| Citation | 437 F.Supp.3d 1027 |
| Decision Date | 25 January 2020 |
| Docket Number | No. CR 19-1433 JB,CR 19-1433 JB |
| Parties | UNITED STATES of America, Plaintiff, v. Daniel JUARIGUI, Defendant. |
| Court | U.S. District Court — District of New Mexico |
John C. Anderson, United States Attorney, Kristopher N. Houghton, Assistant United States Attorney, United States Attorney's Office, Albuquerque, New Mexico, Attorneys for the Plaintiff
Margaret A. Katze, Assistant Federal Public Defender, Federal Public Defenders Office, Albuquerque, New Mexico, Attorney for the Defendant
THIS MATTER comes before the Court on the Defendant's Sealed Objections and Sentencing Memorandum, filed December 5, 2019 (Doc. 38)("Objections"). The issues are: (i) whether the Court should classify Defendant Daniel Jaurigui1 as a career offender under § 4B1.1(B) of the United States Sentencing Guidelines Manual (U.S. Sentencing Comm'n 2018)("U.S.S.G." or "Sentencing Guidelines"), because his past conviction does not count for sentencing purposes because it was a guilty plea under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) (" Alford"); and (ii) whether Jaurigui should pay $500.00 in community restitution. The Court concludes that: (i) Jaurigui's past dispositions are adjudications of guilt that render him a career offender; and (ii) Jaurigui's current assets, other financial commitments, and likelihood of obtaining the restitution soon after release counsel against imposing community restitution. Accordingly, the Court overrules the career-offender Objection and sustains the community-restitution Objection.
Jaurigui entered a Plea Agreement on May 22, 2019. See Plea Agreement, filed May 22, 2019 (Doc. 29). The United States Probation Office ("USPO") filed a Presentence Investigation Report, filed August 15, 2019 (Doc. 33)("PSR"). Jaurigui filed his sentencing Objections on December 5, 2019. See Objections at 1.
The USPO filed the PSR on August 15, 2019. See PSR at 1. In the PSR, the USPO states that Jaurigui "is a career offender; therefore the criminal history category is VI." PSR ¶ 48, at 10 (citing U.S.S.G. § 4B1.1(b) ). The USPO describes the dispositions in Jaurigui's prior three criminal cases. See PSR at 8-10. In the first criminal case, Jaurigui was charged with Aggravated Assault (Deadly Weapon). See PSR ¶¶ 41-44, at 8-9. In his second criminal case, Jaurigui was charged with Child Abuse (Intentionally Caused)(No Death or Great Bodily Harm). See PSR ¶ 43, at 9. In May, 2013, he was granted a conditional discharge, a deferred sentence of eighteen months for this first conviction, a deferred sentence of three years for his second conviction, and five years total probation for both convictions. See PSR ¶ 43, at 9. His deferred sentence was to "run consecutive for 7½ years." PSR ¶ 43, at 9. On August 20, 2014, his conditional discharge was revoked, and his deferred sentence and probation were reinstated. See PSR ¶ 43, at 9. On September 9, 2015, his probation was revoked and then reinstated. See PSR ¶ 43, at 9. In his third criminal case, he was charged with Trafficking (by Possession with Intent to Distribute Methamphetamine). See PSR ¶ 44, at 10. This third conviction resulted in a suspended sentence of nine years imprisonment, and five years of probation to run concurrent to the disposition in his first two criminal cases. See PSR ¶ 44, at 10.
The USPO recommends that Jaurigui pay $500.00 for community restitution. See PSR ¶ 85, at 17. In making its suggestion for community restitution, the USPO references the drug-trafficking nature of this case and Jaurigui's "prior record." PSR ¶ 85, at 16. Additionally, the USPO states in its Attachment A -- the Bruce Memo2 -- to the Presentence Report that Jaurigui "must complete 50 hours of community service." Attachment A to the Presentence Report at 3, filed August 15, 2019 (Doc. 33-1).
Jaurigui makes three Objections to the PSR. See Objections at 1, 5. Jaurigui first objects to the USPO's identification of Jaurigui as a "career offender." Objections at 1 (citing PSR ¶ 48, at 10)(."). Jaurigui disputes the "career offender" characterization, because he argues that his criminal history does not meet the criteria to be a "career offender." Objections at 2. He notes that the Sentencing Guidelines state that a career offender must have "at least two prior felony convictions," which must be either drug-related or a crime of violence, after the age of 18. Objections at 2 (quoting U.S.S.G § 4B1.1 ). Jaurigui points out that the Application Notes define " ‘two prior felony convictions’ " to require that the sentences for each conviction " ‘are counted separately under the provisions of 4A1.1(a), (b), or (c).’ " Objections at 2 (quoting Application Note (1)). Jaurigui explains that U.S.S.G. § 4A1.1.(a), (b), and (c) direct the reader to U.S.S.G. § 4A1.2(a) for the definition of " ‘prior sentence,’ " which it defines as " ‘any sentence previously imposed upon adjudication of guilty [sic], whether by guilty plea trial, or plea of nolo contendre.’ " Objections at 2 (quoting U.S.S.G. § 4A1.2(a) (emphasis added in Objections at 2)). Jaurigui argues that, because he entered a consolidated guilty plea agreement in the first two cases, which deferred further proceedings " ‘without adjudication of guilty [sic],’ " that no adjudication of guilt was ever entered for these cases. Objections at 2 (quoting Order of Conditional Discharge, Case No. D-202-CR-201302041 (filed May 21, 2013, County of Bernalillo, 2d Judicial District, New Mexico)). Jaurigui concludes that, because only one of his prior cases resulted in an adjudication of guilt, he does not qualify as a "career offender."
Jaurigui further argues that the dispositions in his first two criminal cases are excluded from Sentencing Guidelines calculations under U.S.S.G. § 4A1.2(f). See Objections at 3 (quoting U.S.S.G. § 4A1.2(f) )("Diversion from the judicial process without a finding of guilt (e.g., deferred prosecution) is not counted."). Jaurigui clarifies that the Sentencing Guidelines distinguish a sentence based on a finding or admission of guilt from a sentence not based on a finding or admission of guilt. See Objections at 4. Jaurigui explains that he did not enter a guilty plea, but rather a plea pursuant to Alford, which " ‘is not an express or implied admission of factual guilt.’ " Objections at 4 (quoting Kipnis v. Jusbasche, 2017-NMSC-006, ¶ 15, 388 P.3d 654 (2016) ). He argues that, because "the deferment of [his] criminal proceedings was specifically premised on [ ] not admitting guilt, the Court not finding guilt, and the Court not adjudicating guilt," his first two criminal cases resulted in "diversionary dispositions properly excluded from an assessment of criminal history or career offender status." Objections at 4-5.
Jaurigui next objects to paying $500.00 in community restitution. See Objections at 5. Jaurigui argues that, because he is indigent, paying the community restitution "would be an incredible hardship," and he suggests that money is better spent on his son and parents. See Objections at 5-6. He also rejects the suggestion that he perform fifty hours of community service during supervised release, because the suggestion is "just not reasonable." Objections at 6.
The USPO submitted an Addendum to the Presentence Report, filed Dec. 10, 2019 (Doc. 39)("Addendum"). The USPO lists Jaurigui's three Objections: (i) his Objection to identifying Jaurigui as a career offender; (ii) his Objection to ordering Jaurigui to pay $500.00 in community restitution; and (iii) his Objection to ordering Jaurigui to perform 50 hours of community service. See Addendum at 1-2. In response to the first Objection, the USPO argues that the Sentencing Guidelines state that U.S.S.G. § 4A1.2's provisions apply to convictions under U.S.S.G. § 4B1.2. See Addendum at 1. The USPO further argues that the conditional discharge cases should count, because (i) Jaurigui pled guilty in those cases; and (ii) the New Mexico Second Judicial Court revoked his conditional discharge on August 20, 2014. See Addendum at 2. The USPO argues that, moreover, U.S.S.G. § 4A1.2's Application Note 9 includes diversionary dispositions if the defendant admitted guilt or the court determined guilt, and that, therefore, Jaurigui's guilty pleas render his convictions "countable." Addendum at 1.
The USPO responds to the community restitution Objection by reiterating the crime's drug-related nature. See Addendum at 2. The USPO acknowledges that it has considered Jaurigui's financial situation, but it finds that the public harm outweighs Jaurigui's financial situation. See Addendum at 1. The USPO, therefore, still recommends community restitution. See Addendum at 1.
The Sentencing Guidelines authorize an increase in the criminal history category if the defendant is identified as a "career offender." United States v. Thyberg, No. 10-196 JAP, 2016 WL 8914537, at *2 (D.N.M. Oct. 6, 2016) (Parker, J.), report and recommendation adopted, No. 10-196 JAP, 2016 WL 8919405 (D.N.M. Dec. 5, 2016). The Sentencing Guidelines provide:
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