United States v. Santiago-Gonzalez
825 F.3d 41
1st Cir.2016Background
- On Aug. 15, 2011 a masked gunman robbed Banco Popular in Morovis; teller placed two red security dye packs in the stolen money and surveillance video captured the robbery.
- Off-duty PRPD Agent Guzmán chased the robber, saw him remove his mask, and observed him enter a dark brown/burgundy Nissan Pathfinder; later identified Santiago in an in-person lineup.
- Police received an anonymous tip linking Santiago (“Bartolo”) to a dark Nissan Pathfinder and a white Honda Accord; officers surveilled Santiago's home and arrested him after he came outside.
- After Miranda warnings, Santiago told officers he disposed of the gun, said money at home was stained red, led officers to money in his bedroom and vehicle, and his mother and brother consented to searches of the house and the Pathfinder that revealed red-stained money and a stained passenger seat.
- Santiago was tried and convicted of bank robbery (18 U.S.C. § 2113(a),(d)) and using a firearm in relation to a crime of violence (18 U.S.C. § 924(c)); district court sentenced him to 120 months on Count One and 84 months on Count Two, consecutive (204 months total).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | N/A (Gov’t prevailed at trial) | Santiago: counsel unreasonably failed to move to suppress arrest, searches, and lineup ID | Court: record too undeveloped to decide on direct appeal; claim must be raised on §2255 |
| Probable-cause / illegality of arrest | Govt: arrest and post-arrest statements/searches supported conviction | Santiago: arrest lacked probable cause, tainting evidence and identification | Court: viewing evidence in govt’s favor, ample admissible evidence supported conviction; suppression issue waived/undeveloped |
| Sufficiency of the evidence | Govt: admissions, stained money, vehicle seat stains, surveillance video, and ID suffice | Santiago: ID and observations were unreliable; arrest tainted evidence | Held: de novo review — evidence sufficient to sustain convictions beyond reasonable doubt |
| Reasonableness of sentence (Count One) | Govt: upward variance justified by underrepresented criminal history and risk of recidivism | Santiago: court impermissibly relied on criminal history already reflected in CHC; variance too large | Court: variance procedurally and substantively reasonable; CHC underrepresented criminal conduct and leniency by state courts justified upward variance |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- United States v. Ofray–Campos, 534 F.3d 1 (1st Cir. 2008) (ineffective-assistance claims usually require trial-court development)
- United States v. Rodríguez, 675 F.3d 48 (1st Cir. 2012) (deference to trial court on fact-intensive counsel-performance claims)
- United States v. García-Carrasquillo, 483 F.3d 124 (1st Cir. 2007) (standard for reviewing sufficiency of the evidence)
- Gall v. United States, 552 U.S. 38 (sentencing-review framework and abuse-of-discretion standard)
- United States v. Del Valle-Rodríguez, 761 F.3d 171 (1st Cir. 2014) (greater deviations require more compelling justification)
- United States v. Zapete–García, 447 F.3d 57 (1st Cir. 2006) (articulation required when reusing guideline factors for a variance)