USA v. Aguirre-Jeronimo et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
UNITED STATES OF AMERICA PLAINTIFF/RESPONDENT
v. Criminal No. 10-50110-003
JUAN SANCHEZ-SANCHEZ DEFENDANT/MOVANT
O R D E R
Now on this 31st day of July, 2013, comes on for consideration
the Magistrate Judge's Report and Recommendation (document #210)
entered by United States Magistrate Judge Setser in this matter,
and the Objection[s] to Report and Recommendation of Magistrate
Judge (document #219) of Juan Sanchez-Sanchez. The Court, having
carefully reviewed said Report and Recommendation (hereinafter "R
& R") as well as the objections thereto, finds as follows:
1. Before this Court is petitioner Juan Sanchez-Sanchez's
Habaes Corpus petition which was filed on February 27, 2012,
pursuant to 28 U.S.C. § 2255. By way of background, the Court
notes the following:
(a) On January 13, 2011, Sanchez-Sanchez was named in one
count of a four-count Second Superseding Indictment filed in the
United States District Court for the Western District of Arkansas.
Count One charged with Sanchez-Sanchez with conspiring to
distribute more than 50 grams of a mixture or substance containing
methamphetamine, in violation of Title 21 U.S.C. §§ 841(a)(1) and
(b)(1)(A)(viii), and Title 21 U.S.C. § 846.
Case 5:10-cr-50110-TLB Document 221 Filed 07/31/13 Page 1 of 4 PageID #:
<pageID>

(b) On April 21, 2011, a pretrial conference was conducted
and the case proceeded to trial, with a jury being selected and the
trial set to begin the following morning.
(c) On the morning of April 13, 2011, counsel for the
Government and Sanchez-Sanchez advised the Court that they had
entered into a Plea Agreement. Pursuant to the written Plea
Agreement, Sanchez-Sanchez waived indictment and pled guilty to an
Information charging him with conspiracy to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a) and 846. On
August 4, 2011, Sanchez-Sanchez was sentenced to 240 months
imprisonment, 5 years supervised release, a $25,000.00 fine, and a
$100 special assessment.
(d) On August 18, 2011, Sanchez-Sanchez filed a Notice of
Appeal from the Judgment, asserting that his plea was not knowing
and voluntary, that he was sentenced "on the wrong criminal history
category level" and the "wrong level according to weight." The
Eighth Circuit Court of Appeals found that any challenge to the
voluntariness of Sanchez-Sanchez's appeal was not cognizable on
direct appeal because Sanchez-Sanchez did not move to withdraw his
plea in the district court. The Court further reviewed the record
independently under Penson v. Ohio, 488 U.S. 75 (1988), and found
no nonfrivoulous issues for appeal and affirmed the District
Court's judgment. Also on appeal, Sanchez-Sanchez's counsel moved,
and was allowed to withdraw.
Case 5:10-cr-50110-TLB Document 221 Filed 07/31/13 Page 2 of 4 PageID #:
<pageID>

2. On February 27, 2012, Sanchez-Sanchez filed the instant
pro se Motion to Vacate under 28 U.S.C. § 2255. Sanchez-Sanchez
appears to raise the following grounds for relief:
* the Plea Agreement was involuntary because Sanchez-Sanchez
does not speak English, and therefore, "did not understand what was
happening to him;"
* Sanchez-Sanchez's appointed counsel was ineffective because
his counsel "failed to bring to the Judge's attention, the amount
of drugs involved in this case," resulting in a greater base
offense level; and,
* he was entitled to a three-level reduction for acceptance
of responsibility;
3. The R & R now before the Court recommends that Sanchez-
Sanchez's 28 U.S.C. § 2255 motion be denied in its entirety and
dismissed with prejudice.
4. Sanchez-Sanchez has filed objections to the R&R. The
objections restate and rehash the arguments submitted in the
initial pleading.
5. Based upon the Magistrate Judge's thorough and well-
reasoned comments, the Court finds that there is no merit to
Sanchez-Sanchez's arguments and the same should be overruled.
6. In light of the foregoing, the R&R will be approved and
adopted as stated -- and will be ordered implemented.
IT IS THEREFORE ORDERED that the Objection[s] to Report and
Recommendation of Magistrate Judge (document #219) are overruled.
Case 5:10-cr-50110-TLB Document 221 Filed 07/31/13 Page 3 of 4 PageID #:
<pageID>

IT IS FURTHER ORDERED that the Magistrate Judge's Report and
Recommendation (document #210) is adopted in toto.
IT IS FURTHER ORDERED that Sanchez-Sanchez is denied relief on
his § 2255 motion, as the grounds stated are without merit, and
this matter is dismissed with prejudice.
IT IS FINALLY ORDERED that the Court hereby declines to issue
a certificate of appealability as Sanchez-Sanchez has not made a
“substantial showing of the denial of a constitutional right,” as
required for the issuance of a certificate of appealability. 28
U.S.C. § 2253(c)(2).
IT IS SO ORDERED.
/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
Case 5:10-cr-50110-TLB Document 221 Filed 07/31/13 Page 4 of 4 PageID #:
<pageID>