Tinajero-Ortiz v. United States
635 F.3d 1100
| 8th Cir. | 2011Background
- Tinajero-Ortiz, a Mexican citizen, pled guilty to possession with intent to distribute methamphetamine and was sentenced to 120 months.
- He had prior illegal reentries and convictions, and was deported after each conviction.
- He cooperated with the government under a proffer letter that provided no guarantees of a reduced sentence.
- The plea agreement anticipated a sentence at the low end of the guideline range, with five to forty years as possible.
- At plea, the court acknowledged five years minimum and up to forty years maximum, with the final guideline range to be set later.
- Tinajero-Ortiz challenged his counsel under 28 U.S.C. § 2255, arguing ineffective assistance and misrepresentation about the five-year minimum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for misrepresenting the sentence? | Tinajero-Ortiz argues counsel promised five years. | USA contends no prejudice; range and terms were explained; no guarantee of five years. | No Strickland prejudice; misrepresentation did not alter outcome. |
| Did counsel fail to advocate effectively during cooperation? | Tinajero-Ortiz contends counsel did not defend his interests during debriefings. | USA notes proffer letter and attempts for possible departure; government control over substantial assistance. | No prejudice; counsel acted reasonably; no ineffective assistance. |
| Was an evidentiary hearing required for disputed facts? | Tinajero-Ortiz seeks an evidentiary hearing to develop the record. | USA argues record contradicts claims and shows no prejudice. | District court did not abuse discretion; no hearing warranted. |
Key Cases Cited
- United States v. Regenos, 405 F.3d 691 (8th Cir. 2005) (prejudice showing required in ineffective-assistance claims)
- Hill v. Lockhart, 474 U.S. 52 (Supreme Court 1985) (Strickland prejudice applies to guilty pleas)
- Sanders v. United States, 341 F.3d 720 (8th Cir. 2003) (evidentiary hearing standard in §2255 claims)
- United States v. Wolf, 270 F.3d 1188 (8th Cir. 2001) (downward-departure decision unassailable absent bad faith)