United States v. Reyes
16-2936-cr
| 2d Cir. | Jan 2, 2018Background
- Reyes was a bank teller who led a check-fraud conspiracy (2008–2014), recruiting others to deposit counterfeit checks and withdraw funds.
- Nicole Thompson, a recruited co-conspirator, cooperated with authorities after her 2010 arrest; she soon received threats from Reyes and was later murdered; her body was found in Maryland.
- Reyes pleaded guilty to conspiracy to commit bank fraud and to obstruction-of-justice murder (for arranging and concealing Thompson’s murder and transporting her body); he denied personally killing Thompson.
- A recorded 2014 conversation with a confidential source contained incriminating statements by Reyes suggesting involvement in the killing; a separate recorded 2014 prison call involved directions to Randie Tyson that the PSR characterized as encouraging false statements.
- At sentencing the district court applied a 2-level obstruction enhancement (U.S.S.G. § 3C1.1) and denied one of three potential acceptance-of-responsibility levels (U.S.S.G. § 3E1.1), finding Reyes committed perjury; with those Guidelines the court imposed life imprisonment.
- On appeal the Second Circuit vacated and remanded for resentencing, concluding the district court erred as a matter of law in withholding the § 3E1.1(b) one-level reduction, though it upheld the obstruction enhancement and its factual findings.
Issues
| Issue | Reyes' Argument | Government's Argument | Held |
|---|---|---|---|
| Obstruction enhancement (§ 3C1.1) | Enhancement unsupported; district based it on clearly erroneous factual findings re: calls to Tyson | PSR and recordings support finding that Reyes influenced a witness and committed perjury; enhancement proper | Affirmed — application of § 3C1.1 not reversible (plain-error standard applies) |
| Acceptance-of-responsibility reduction (§ 3E1.1) — factual basis | District clearly erred in finding Reyes present at murder and that he perjured himself, so denial of full credit improper | District credibility finding permissible; facts (recorded admissions) support court’s conclusion | District’s factual finding not clearly erroneous, but legal error occurred in denying § 3E1.1(b) reduction without authority; vacate and remand for resentencing |
| District discretion under § 3E1.1(b) | Court had no authority to withhold the mandatory one-level reduction where criteria met and government supported it | Argued district could consider defendant credibility despite government position | Held for Reyes on this point: § 3E1.1(b) is mandatory if criteria satisfied; district erred by treating it as discretionary — remand required |
| Ineffective assistance for counsel’s withdrawal of objection | Counsel’s withdrawal of objection to obstruction enhancement was constitutionally deficient | Counsel’s choice may have been strategic; record incomplete to resolve on direct appeal | Court declined to resolve ineffective-assistance claim on direct appeal; left to collateral review (§ 2255) |
Key Cases Cited
- United States v. McIntosh, 753 F.3d 388 (2d Cir.) (sentencing review is for abuse of discretion)
- United States v. Bennett, 839 F.3d 153 (2d Cir.) (procedural error categories in sentencing review)
- United States v. Stevenson, 834 F.3d 80 (2d Cir.) (plain-error review for withdrawn objections)
- United States v. Burden, 860 F.3d 45 (2d Cir.) (plain-error test articulated)
- United States v. Ulbricht, 858 F.3d 71 (2d Cir.) (clear-error standard for factual findings at sentencing)
- United States v. Thompson, 808 F.3d 190 (2d Cir.) (district may rely on PSR if it contains reasonably detailed findings)
- United States v. McLeod, 251 F.3d 78 (2d Cir.) (perjury can trigger § 3C1.1 enhancement)
- United States v. Leung, 360 F.3d 62 (2d Cir.) (interpretation of § 3E1.1 and mandatory nature of subsection (b))
- United States v. Rood, 281 F.3d 353 (2d Cir.) (additional one-level § 3E1.1(b) decrease is not discretionary when criteria met)
- United States v. Mount, 675 F.3d 1052 (7th Cir.) (discussion of mandatory § 3E1.1(b) post-amendment)
- United States v. Jeffers, 329 F.3d 94 (2d Cir.) (credibility determinations for acceptance of responsibility are factual and deferential)
- Reyes v. United States, 9 F.3d 275 (2d Cir.) (acceptance-of-responsibility as factual question)
- United States v. Kimber, 777 F.3d 553 (2d Cir.) (options when ineffective-assistance claim raised on direct appeal)
- Massaro v. United States, 538 U.S. 500 (U.S.) (prefer § 2255 for ineffective-assistance claims)
- United States v. Gaskin, 364 F.3d 438 (2d Cir.) (generally disinclined to resolve ineffective-assistance claims on direct review)
- United States v. Khedr, 343 F.3d 96 (2d Cir.) (baseline aversion to deciding ineffective-assistance on direct appeal)
- United States v. Tutty, 612 F.3d 128 (2d Cir.) (procedural sentencing error may warrant resentencing)
- United States v. Cramer, 777 F.3d 597 (2d Cir.) (procedural error harmless only if record shows district would have imposed same sentence)