United States v. Orduno-Ramirez
708 F. App'x 529
| 10th Cir. | 2018Background
- Rafael Orduno-Ramirez pleaded guilty to drug and immigration offenses and was sentenced to 44 months' imprisonment.
- His plea agreement included a broad appellate-waiver covering appeals so long as the sentence did not exceed the statutory maximum; his sentence complied.
- Orduno-Ramirez nonetheless appealed his sentence and claimed his trial counsel was ineffective in negotiating the waiver and that the waiver was not knowing or voluntary.
- He pointed to a pro se letter to the district court shortly after the plea, complaining about counsel and resulting in appointment of new counsel, as evidence of ineffective assistance.
- The government moved to enforce the appeal waiver under United States v. Hahn, invoking the three-factor test for waiver enforcement.
- Orduno-Ramirez conceded the record was not fully developed on his ineffective-assistance claims and did not request the court to depart from the general rule requiring collateral proceedings for such claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal falls within the scope of the appellate waiver | Waiver should not bar review because counsel coerced him into signing | Waiver is broad and the appeal falls within its scope | Not contested by Orduno-Ramirez; appeal is within waiver scope |
| Whether the waiver was knowing/voluntary or unenforceable due to ineffective assistance of counsel | Counsel failed to communicate and coerced him; pro se letter shows ineffective assistance, so waiver is invalid | Enforcement appropriate; ineffective-assistance claims should be raised collaterally and a developed record is needed | Court refused to resolve ineffective-assistance claim on direct appeal; enforced waiver and dismissed the appeal without prejudice to collateral attack |
Key Cases Cited
- United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (sets three-factor test for enforcing appellate waivers)
- United States v. Porter, 405 F.3d 1136 (10th Cir. 2005) (ineffective-assistance claims generally must be raised in collateral proceedings)
- United States v. Galloway, 56 F.3d 1239 (10th Cir. 1995) (importance of developing factual record for ineffective-assistance claims)
- United States v. Flood, 635 F.3d 1255 (10th Cir. 2011) (direct-review ineffective-assistance claims considered only when raised and ruled on below and factual record is adequate)