United States v. Cristina Dawn Griego
702 F. App'x 493
| 8th Cir. | 2017Background
- Cristina Dawn Griego pled guilty to aiding and abetting the illegal transfer of a shotgun in violation of federal firearms statutes and 18 U.S.C. § 2.
- At change-of-plea and in PSR interviews she equivocated about knowledge of the sale and provided inconsistent/false biographical statements; the district court required an independent factual basis for the plea.
- Probation recommended an obstruction-of-justice enhancement under U.S.S.G. § 3C1.1 and recommended denial of a § 3E1.1 acceptance-of-responsibility reduction due to minimization and dissembling.
- The district court applied the obstruction enhancement, denied the § 3E1.1 reduction, and sentenced Griego to 41 months (the low end of the Guidelines range).
- Griego appealed the denial of the acceptance-of-responsibility reduction; the government relied on an appellate-waiver in her plea agreement that precluded such appeals.
Issues
| Issue | Griego's Argument | Government/Respondent's Argument | Held |
|---|---|---|---|
| Whether the district court erred by denying the § 3E1.1 acceptance-of-responsibility reduction | Griego: signing the plea agreement and post-offense rehabilitation and other indicia show acceptance of responsibility | Government: plea agreement waived appeal of non-jurisdictional issues, including denial of § 3E1.1 | Appeal dismissed: waiver bars review, so court did not reach merits |
| Whether the plea agreement was ambiguous as to entitlement to the § 3E1.1 reduction | Griego: agreement did not clearly state she could be denied the reduction, creating ambiguity | Government: agreement expressly conditioned the reduction on truthful testimony at plea hearing and truthful cooperation with probation; she failed those conditions | Court: agreement unambiguous; she failed required truthful cooperation, so denial was consistent with the agreement |
Key Cases Cited
- United States v. Scott, 627 F.3d 702 (8th Cir. 2010) (standards for reviewing validity and applicability of appeal waivers)
- United States v. Andis, 333 F.3d 886 (8th Cir. 2003) (appellate rights may be waived; waivers must be knowing, voluntary, and not cause miscarriage of justice)
- United States v. Winters, 411 F.3d 967 (8th Cir. 2005) (denial of acceptance reduction is part of guideline calculations, not an upward departure)
- United States v. Mousseau, 517 F.3d 1044 (8th Cir. 2008) (narrow scope of miscarriage-of-justice exception to enforce appeal waivers)