Rebollar v. United States, 3:17-cv-00277

Background

Petitioner Ricardo Reynso Rebollar participated in a multi-kilogram cocaine distribution conspiracy (2011–2014); his brother was a leader and Petitioner performed deliveries, drove a cover car, collected proceeds, and met suppliers.
Arrest yielded four firearms at the residence where Petitioner stayed; co-conspirator statements tied firearms and firearm use to the conspiracy.
Indictment charged conspiracy (Count One), possession with intent to distribute (Count Four), and aiding/abetting a firearms offense (Count Six); Petitioner pled guilty to Count One under a plea agreement that dismissed other counts and preserved the parties’ right to argue a two-level U.S.S.G. §2D1.1(b)(1) weapon enhancement; Petitioner waived most appeals except ineffective assistance and prosecutorial misconduct claims.
PSR recommended a base offense level and applied a two-level firearm enhancement and a three-level reduction for acceptance, producing an advisory range of 168–210 months; the court overruled objections and found no minor-role adjustment.
Court sentenced Petitioner to 168 months; Fourth Circuit affirmed on direct appeal. Petitioner filed a §2255 petition alleging ineffective assistance of trial counsel (failure to secure an agreement excluding sentencing consequences of dismissed counts / weapon enhancement) and ineffective assistance of appellate counsel (failure to raise minor-role argument under Amendment 794).
District court denied relief, finding the claims waived or meritless under Strickland and related precedents and declining a certificate of appealability.

Issues

Issue	Petitioner’s Argument	Government’s Argument	Held
Ineffective assistance at plea bargaining — failure to secure agreement that sentencing factors from dismissed counts (esp. §2D1.1(b)(1) weapon enhancement) would not be used	Counsel should have obtained a binding Rule 11(c)(1)(C) or similar agreement excluding use of dismissed-count conduct; Petitioner relied on a "logical impression" that dismissal eliminated sentencing consequences and would have gone to trial on Count Six	Plea waived pre-plea claims; plea colloquy and agreement warned parties reserved weapon-enhancement argument; counsel reasonably negotiated dismissal of counts and attempted but could not obtain a concession on the enhancement; Petitioner cannot show prejudice or that proceeding to trial on Count Six was reasonable	Claim denied: waived by plea and meritless under Strickland (no deficiency or prejudice)
Ineffective assistance on appeal — failure to argue for minor-role reduction under Amendment 794	Appellate counsel should have raised Amendment 794 (clarifying §3B1.2 commentary) to obtain a two-level minor-role reduction; Ninth Circuit held Amendment 794 retroactive on direct appeal	Appeal waiver barred the claim; Amendment 794 was in effect at sentencing and court applied relevant analysis; given Petitioner’s extensive role, raising the issue would not likely have succeeded	Claim denied: no deficient performance or prejudice; issue barred by plea waiver and, in any event, not likely to have changed result

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: performance and prejudice)
Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for challenges to guilty pleas)
Blackledge v. Allison, 431 U.S. 63 (1977) (sworn statements at plea colloquy carry a strong presumption of verity)
Lemaster v. United States, 403 F.3d 216 (4th Cir. 2005) (§2255 claims that contradict plea colloquy are patently frivolous absent extraordinary circumstances)
Fields v. Attorney General of Maryland, 956 F.2d 1290 (4th Cir. 1992) (knowing, voluntary plea waives nonjurisdictional pre-plea defects)
Anders v. California, 386 U.S. 738 (1967) (procedures for counsel filing a brief when appellate counsel finds appeal frivolous)
Robbins v. California, 528 U.S. 259 (2000) (ineffective assistance on appeal: ignored issues must be clearly stronger than those presented)