United States v. Valladares

• Docket Number: CRIMINAL ELH-22-03252,ELH-20-0448
• Decision Date: 15 September 2023
• Parties: UNITED STATES OF AMERICA v. ROBERT ALLEN VALLADARES, Defendant
• Court: U.S. District Court — District of Maryland

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UNITED STATES OF AMERICA v. ROBERT ALLEN VALLADARES, Defendant

CRIMINAL Nos. ELH-22-03252, ELH-20-0448

United States District Court, D. Maryland

September 15, 2023

MEMORANDUM OPINION

Ellen L. Hollander United States District Judge

Defendant Robert Allen Valladares pled guilty to one count of distribution of a controlled substance, i.e. fentanyl, and two counts of possession with intent to distribute, for which he received a total sentence of twelve years of imprisonment. The charges are rooted in the death of 29-year-old Shawn Woods, who died from a drug overdose after obtaining drugs from the defendant. Valladares has filed a post-conviction motion under 18 U.S.C. § 2255 (ECF 38) which is supported by a memorandum. ECF 38-1 (collectively the “Motion”).

In the Motion, Valladares raises multiple claims. Although defendant was extremely contrite at sentencing, he now denies responsibility for the death of Mr. Woods. Therefore, he contends, inter alia, that the advisory sentencing guidelines were calculated incorrectly, because they were predicated on the victim's death. He also claims that the court abused its discretion in considering the advisory sentencing guidelines. And, he argues that the charges were flawed. The government opposes the Motion. ECF 45. Defendant has replied. ECF 46.

No hearing is necessary. For the reasons that follow, I shall deny the Motion.

I. Factual Background

Defendant was indicted on December 10, 2020. ECF 1. Count One of the Indictment charged distribution of controlled substances on February 7, 2020, i.e., fentanyl, despropionyl fentanyl, acryl fentanyl, and methamphetamine, resulting in death, in violation of 21 U.S.C. § 841(a)(1). In Count Two and Count Three, defendant was charged with possession with intent to distribute fentanyl on two different dates, in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(C). A conviction under Count One would have required a mandatory minimum sentence of 20 years of imprisonment, with a maximum of life imprisonment.

Plea negotiations ensued, and an Information was filed. See ECF 19. Thereafter, on October 21, 2021, pursuant to a Plea Agreement (ECF 23), defendant entered a plea of guilty to the Information. ECF 27. Count One of the Information charged distribution of fentanyl, despropionyl fentanyl, acryl fentanyl, and methamphetamine on February 7, 2020, but it omitted the “death resulted” language. Count Two charged possession with intent to distribute fentanyl on February 13, 2020, and Count Three charged possession with intent to distribute fentanyl on May 19, 2020. Each count carries a maximum penalty of twenty years of imprisonment. See ECF 23, ¶ 3.

The Plea Agreement set forth the elements of each offense. ECF 23, ¶ 2. The parties also addressed the anticipated calculation of the U.S. Sentencing Guidelines (“Guidelines” or “U.S.S.G.”). The parties contemplated an offense level of 12 for each drug count, based on the drug quantity. ECF 23, ¶ 6(a), (b), (c). And, the counts grouped, with a combined offense level of 12. Id. ¶ 6(d). However, under § 5K2.1, the parties agreed to an upward departure level of 38, because the death of Shawn Woods resulted from the use of drugs distributed to him by defendant. Id. ¶ 6(e).^[1] After three deductions under U.S.S.G. § 3E1.1, the parties agreed that defendant had a final offense level of 35. Id. ¶ 6(g).

Notably, defendant's plea of guilty was entered under Fed. R. Crim. P. 11(c)(1)(C). Id. ¶ 10 (“C Plea”). In particular, the parties agreed to a sentence ranging between 132 months and 168 months of imprisonment as the appropriate disposition. Id. ¶¶ 9, 10.

The Plea Agreement included a lengthy “Stipulation of Facts.” Id. at 10-12 (the “Stipulation”). Defendant signed both the Plea Agreement and the Stipulation. ECF 23 at 9, 12.

The Stipulation provides, in part, as follows, id. at 10:

Beginning in December of 2019, the Cecil County Drug Task Force received reliable information from a confidential informant that a subject known as “Rob Valley” was a heroin dealer in Cecil County. Investigators had already identified “Rob Valley” as Robert Allen Valladares, born in 1984 and residing at . . . Elkton, Maryland. A confidential informant provided “Rob's” cell phone number as ....

Investigators identified a second cellphone number for Valladares when a confidential source reported that his/her relative is an addict who gets drugs from “Rob Valley” ....

On February 8, 2020, at approximately 9:28 a.m., the Elkton Police Department was dispatched to [a residence in] Elkton, Maryland in reference to an overdoes death. Upon arrival, Officer Brown made contact with the victim's father, who stated that his 29-year-old son was upstairs in his bedroom, deceased, and he believed that his son overdosed.... Emergency medical services arrived and pronounced the victim deceased at 9:33 a.m.

Officers observed two empty wax bags stamped “Facetime” laying on the victim's bed. Next to the wax bags was an uncapped syringe that appeared to have blood in it. Officers further seized four cell phones that were located throughout the victim's bedroom.

Investigators learned that the victim was recently discharged from a recovery house in Bel Air and appeared to his family to be doing well. The night before the victim's body was found, February 7th, around 6 p.m., the victim asked his father to take him to his friend “Rob's house” so he could obtain suboxone strips. According to the victim's father, the victim recently left a rehabilitation facility, and, although he was provided suboxone strips, the victim ran out. The victim's father drove the victim to “Rob's house” .... The victim's father knew the Defendant and had met him previously. According to the victim's father, upon arriving at the Defendant's residence, the victim went inside for approximately two minutes and returned to his father's vehicle....

The Stipulation continues, id. at 11:

On February 10, 2020, at 1430 hours, the Cecil County Drug Task Force Heroin Coordinator, Raymond Lynn, responded to the Elkton Police Department and took possession of the four cell phones seized from the victim's bedroom. Lynn examined the phones and found that one of the victim's cell phones, a Samsung model SM-J260T1, with IMEI: 356212/10/562439/0 (Item #3), was active during the fatal overdose. A Cellebrite forensic data extraction of the Samsung cell phone revealed the following communications on February 7, 2020, the night that the victim went to the Defendant's residence:

2200 hrs The victim placed an outgoing call to the Defendant's cell phone

443-907-9662 that lasted 28 seconds.

2206 hrs The victim sent a text message to the Defendant, “Dad is bringing me so we gotta keep it on the low.”

2216 hrs The Defendant texted the victim, “I'm inside.”

Law enforcement executed a search warrant at Valladares's residence on February 13, 2020. ECF 23 at 11. They recovered fentanyl and drug paraphernalia. Id. Notably, the fentanyl was in blue wax bags stamped “Facetime.” Id. Those bags matched the bags recovered from the victim's bed.

An autopsy was performed on the victim on February 9, 2020. Id. The medical examiner determined that the cause of death was drug intoxication with acryl fentanyl, fentanyl, desproprionyl fentanyl, methamphetamine, and xylazine. Id.

A traffic stop was conducted on May 4, 2020, as to a vehicle leaving the defendant's residence. Id. Baggies of suspected fentanyl were recovered from the vehicle. Id. This led to a search of defendant's home, pursuant to a warrant, on May 19, 2020. At that time, 38 bags of fentanyl were recovered. Id. at 12.

Of relevance here, the Stipulation states, id. at 11: “The Defendant admits that on February 7, 2020, he distributed controlled substances to the victim, and that the death of the victim resulted.”

Defendant was placed under oath at his guilty plea proceeding, held pursuant to Fed. R. Crim. P. 11. See ECF 45-1 (Transcript of 10/21/21) at 2. The Court explained to defendant the significance of the oath. Id. at 4. Defendant indicated that he had discussed the case in full with his lawyer, id. at 8, and he was “A hundred percent” satisfied with counsel's work. Id.

The Court carefully reviewed the entire Plea Agreement with the defendant, including the concept of “grouping” under the Guidelines. See ECF 45-1 at 18. As to grouping, the Court said, id.

Now there's a concept in the guidelines known as grouping, Mr. Valladares, and it happens to apply here. Counts One, Two and Three are grouped under Section 3D1.2(d), and at least the way I'm looking at it, that's a good thing for you because the total offense level for all three counts remains a 12 as a result of this grouping principle. So far did you follow that?

The defendant replied in the affirmative. ECF 45-1 at 18.

In addition, the Court advised the defendant of “a significant upward departure” in his offense level, to 38, “because of the death of S.W. resulting from [defendant's] conduct.” Id. Defendant again indicated that he understood. Id.

The government orally presented a factual summary, consistent with the Stipulation in the Plea Agreement. Id. at 35-38. And, the defendant agreed that it was accurate. Id. at 38.

Sentencing was held on January 7, 2022. ECF 35; see ECF 45-2 (Transcript of 1/7/22). Neither side had any objections to the Presentence Report (“PSR,” ECF 28). See ECF 45-2 at 34. Therefore, the Court adopted the Guidelines calculations in the PSR. ECF 45-2 at 5; see ECF 28, ¶¶ 24-34, 51-52, 97. In particular, the defendant had a base offense level of 38, as agreed to in the Plea Agreement and a final offense level of 35. In addition, he had a criminal history score of 18 points, which equates to a criminal history category of VI....