United States v. Francisco Sanchez
678 F. App'x 182
| 4th Cir. | 2017Background
- Defendant Francisco Gaspar Sanchez convicted by jury of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine; sentenced to 121 months.
- On appeal Sanchez asserted ineffective assistance of counsel for counsel’s failure to timely file objections to the presentence report (PSR).
- Trial counsel admitted he overlooked the PSR due to personal commitments and intended but failed to file objections; government did not contest that performance was below objective standard for purposes of the appeal.
- The record shows counsel’s omission was not a strategic decision and the objections appear in the record as an addendum to the PSR.
- Sanchez did not analyze each proposed objection or provide factual/legal support showing a reasonable probability the sentence would have been lighter if objections had been filed.
- Court dismissed the appeal without prejudice, directing Sanchez to raise the ineffective-assistance claim in a 28 U.S.C. § 2255 motion so the record can be properly developed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ineffective assistance claim is cognizable on direct appeal | Sanchez: counsel’s failure to timely file PSR objections was ineffective assistance warranting relief on direct appeal | Government: ineffective-assistance claims ordinarily not cognizable on direct appeal; should be raised on § 2255 | Court: Generally not cognizable on direct appeal; dismisses and leaves claim for § 2255 |
| Whether counsel’s performance was deficient | Sanchez: counsel failed to file objections to PSR | Government: for appeal, does not contest deficiency; record shows oversight, not strategy | Court: record conclusively shows counsel’s performance fell below objective standard |
| Whether Sanchez established prejudice under Strickland | Sanchez: asserts reasonable probability of lighter sentence if objections filed (without detailed analysis) | Government: argues prejudice not demonstrated on record | Court: Sanchez waived prejudice argument by failing to analyze each objection and cite record; not established on appeal |
| Proper remedy/procedure | Sanchez seeks reversal or relief on direct appeal | Government: claim should be raised in § 2255 to develop record | Court: Dismisses appeal without prejudice; permits § 2255 filing to develop facts and prejudice showing |
Key Cases Cited
- United States v. Benton, 523 F.3d 424 (4th Cir. 2008) (ineffective-assistance claims generally not cognizable on direct appeal unless conclusively shown on record)
- United States v. Baptiste, 596 F.3d 214 (4th Cir. 2010) (ineffective-assistance claims are typically raised under § 2255 to allow record development)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Edwards v. City of Goldsboro, 178 F.3d 231 (4th Cir. 1999) (failure to brief an argument adequately results in abandonment on appeal)