United States v. Sanchez-Gonzalez
2011 U.S. App. LEXIS 13778
| 8th Cir. | 2011Background
- Sanchez-Gonzalez was convicted by jury of conspiracy to distribute 50+ grams methamphetamine and possession with intent to distribute 50+ grams, sentence 120-month mandatory minimum.
- Undercover drug buys in 2009 linked Bustos-Moreno to a female courier, Sanchez-Gonzalez, who was arrested with over 50 grams on her person.
- Police located Bustos-Moreno nearby and later found a stash apartment with approximately a pound of methamphetamine.
- Sanchez-Gonzalez cooperated in a plea proffer, then withdrew from the plea, proceeding to trial on not guilty theory of duress.
- Trial produced a guilty verdict on both counts; she challenged the conviction and sentence on ineffective assistance of counsel and safety-valve/acceptance-of-responsibility grounds.
- The district court denied relief on safety-valve and acceptance-of-responsibility matters; this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance on direct appeal | Sanchez-Gonzalez claims counsel's closing remark waived her defense. | Sanchez-Gonzalez argues trial counsel prejudiced her defense by waiving duress. | Not reviewed on direct appeal; record insufficient to assess strategic reasons; affirm conviction. |
| Safety-valve relief denial | Sanchez-Gonzalez argues she truthfully provided information and should qualify for safety valve. | Government contends statements show inconsistencies and untruthfulness. | No clear error; district court properly denied safety-valve relief. |
| Acceptance of responsibility reduction | She may deserve a two-point reduction for acceptance of responsibility if safety-valve denied. | District court could not grant reduction due to mandatory minimum and safety-valve status. | Even if error occurred, no prejudice because below-MIN could not be imposed. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (objective standard for ineffective assistance of counsel; strategic choices matter)
- United States v. Hubbard, 638 F.3d 866 (8th Cir. 2011) (exceptional direct-appeal review of ineffective assistance)
- United States v. Ramirez-Hernandez, 449 F.3d 824 (8th Cir. 2006) (exceptional cases for direct-review of ineffective assistance)
- Guerra-Cabrera, 477 F.3d 1021 (8th Cir. 2007) (court may consider discrepancies in truthful-ness assessments)
- Bolanos, 409 F.3d 1045 (8th Cir. 2005) (district court may deny safety-valve relief for untruthful or inconsistent statements)
- United States v. DeCoteau, 630 F.3d 1091 (8th Cir. 2011) (mandatory minimum context; safety-valve/DA motion mechanisms for relief)
- Dixon v. United States, 548 U.S. 1 (U.S. 2006) (defendant bears burden for duress defense absent contrary statute)
- United States v. Alvarado-Rivera, 412 F.3d 942 (8th Cir. 2005) (en banc reference on safety-valve standards)