United States v. Hugo Melendez-Gonzalez
690 F. App'x 170
| 5th Cir. | 2017Background
- Defendant Hugo Alexander Melendez-Gonzalez pleaded guilty to one count of trafficking a minor in March 2013 in exchange for dismissal of three other counts and a government promise not to oppose a two-level reduction for acceptance of responsibility.
- The Presentence Report treated conduct involving other victims trafficked at the same time as relevant conduct, creating "pseudocounts" under U.S.S.G. § 2G1.3(d)(1) and § 1B1.3(a)(1).
- Melendez-Gonzalez objected that the PSR did not establish that the other victims were trafficked at the same time as the charged victim.
- The district court overruled the objection and sentenced him to 327 months' imprisonment and 10 years of supervised release.
- On appeal, Melendez-Gonzalez argued the government breached the plea agreement by endorsing use of pseudocounts/uncharged conduct to enhance his sentence.
- The court applied plain-error review because Melendez-Gonzalez did not raise the breach claim below, and ultimately affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether gov't breached plea by supporting sentencing enhancements from pseudocounts | Gov't’s endorsement of pseudocounts and uncharged conduct breached plea terms | No promise in plea to ignore relevant conduct; dismissal of counts satisfied agreement | Court held no breach; government may rely on relevant conduct absent an explicit promise otherwise |
| Standard of review for breach claim | (not disputed) appellate review | (not disputed) plain-error applies because no district objection | Plain-error review applied; defendant failed to show plain error affecting substantial rights |
| Burden to prove breach | Gov't breached and must be held to plea terms | Defendant must prove breach by preponderance of evidence | Defendant failed to meet burden; no underlying facts showing breach |
| Whether plea waiver bars appeal on breach claim | Inapplicable—breach claims survive waiver | Waiver typically limits appeals but breach claims allowed | Court noted breach claims survive waiver but found no breach in substance |
Key Cases Cited
- Chavful v. United States, 781 F.3d 758 (5th Cir. 2015) (standard for reviewing plea-breach issues)
- Hebron v. United States, 684 F.3d 554 (5th Cir. 2012) (plain-error review when issue not raised below)
- Puckett v. United States, 556 U.S. 129 (2009) (requirements for plain-error relief)
- Keresztury v. United States, 293 F.3d 750 (5th Cir. 2002) (plea-waiver exceptions for government breach claims)
- Long v. United States, 722 F.3d 257 (5th Cir. 2013) (defendant’s burden to prove breach by preponderance)
- Munoz v. United States, 408 F.3d 222 (5th Cir. 2005) (interpretation based on defendant’s reasonable understanding of plea)
- Hinojosa v. United States, 749 F.3d 407 (5th Cir. 2014) (government not obligated to forgo relevant-conduct-based enhancements absent promise)
- Hoster v. United States, 988 F.2d 1374 (5th Cir. 1993) (similar principle that plea did not bar consideration of relevant conduct)