United States v. Magaly Malagon Sandoya
699 F. App'x 397
| 5th Cir. | 2017Background
- Magaly Malagon Sandoya pleaded guilty to conspiracy to encourage and induce aliens to come to the U.S. for financial gain, causing serious bodily injury.
- Her plea agreement contained a broad, knowing and voluntary waiver of appellate and most postconviction challenges to her sentence, except for ineffective assistance of counsel and constitutional prosecutorial misconduct.
- She challenged the factual basis for her conviction, arguing the stipulated facts did not show she personally caused serious bodily injury or placed a life in jeopardy under 8 U.S.C. § 1324(a)(1)(B)(iii).
- That challenge was not raised in the district court, so the panel reviewed it for plain error.
- She also objected to several Guidelines enhancements (U.S.S.G. § 2L1.1(b)(7)(B) for serious bodily injury, § 3A1.1 for victim vulnerability, and § 3B1.1(a) for leadership role), which the government argued were waived by the plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of factual basis for conviction under § 1324(a)(1)(B)(iii) | Stipulated facts did not show she personally caused serious bodily injury or risked life | Prior precedent forecloses the claim; plain-error review applies because not raised below | No plain error; claim rejected (following prior Fifth Circuit decision) |
| Applicability of U.S.S.G. § 2L1.1(b)(7)(B) enhancement for serious bodily injury | Objection to enhancement as unsupported | Waiver of appellate rights bars challenge | Challenge dismissed as waived |
| Applicability of U.S.S.G. § 3A1.1 (vulnerability) enhancement | Objection that victim vulnerability enhancement was improper | Waiver bars review | Challenge dismissed as waived |
| Applicability of U.S.S.G. § 3B1.1(a) leadership-role enhancement | Objection to organizer/leader enhancement | Waiver bars review | Challenge dismissed as waived |
Key Cases Cited
- United States v. Hildenbrand, 527 F.3d 466 (5th Cir. 2008) (appeal-waiver issues)
- United States v. Baymon, 312 F.3d 725 (5th Cir. 2002) (appeal-waiver issues)
- United States v. Broussard, 669 F.3d 537 (5th Cir. 2012) (standard for plain-error review)
- United States v. Garcia-Paulin, 627 F.3d 127 (5th Cir. 2010) (plain-error review principles)
- United States v. Alvarado-Casas, 715 F.3d 945 (5th Cir. 2013) (rejection of similar § 1324(a)(1)(B)(iii) argument)
- United States v. Bond, 414 F.3d 542 (5th Cir. 2005) (enforceability of appeal waivers)
- United States v. McKinney, 406 F.3d 744 (5th Cir. 2005) (appeal-waiver scope)