Guzman v. United States

363 F. Supp. 3d 396
CourtDistrict Court, S.D. Illinois
DecidedMarch 13, 2019
Docket17 CV 8419 (CM); 16 CR 136-01 (CM)
StatusPublished
Cited by4 cases

This text of 363 F. Supp. 3d 396 (Guzman v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guzman v. United States, 363 F. Supp. 3d 396 (S.D. Ill. 2019).

Opinion

McMahon, C.J.:

Petitioner Hernando Estevens Montoya Guzman was charged by indictment with conspiring to import a kilo or more of heroin into the United States from Columbia (Count One), and with distributing that heroin in the New York City area (Count Two). Guzman pleaded guilty to Count Two, and was sentenced to 151 months' imprisonment.

Before the Court is Guzman's pro se petition to correct, vacate, or set aside his sentence, pursuant to 28 U.S.C. § 2255. Guzman's petition is practically incomprehensible. Much of his memorandum appears lifted from other unrelated legal briefs pieced together in a wholly disjointed fashion. That said, Guzman appears to argue that his counsel provided ineffective assistance in connection with his guilty plea and sentencing because he failed to: (1) challenge the Indictment based on the fact that the Government did not prove the involvement of "bath salts" that had "similar effects" to other controlled substances, Def. Pet. 7; (2) challenge the application of a two-point enhancement under the sentencing Guidelines pursuant to U.S.S.G. § 3B1.1, Def. Pet. 11(c) while failing to advise the petitioner of his right to be "physically present in all stages," Def. Pet. 11; (3) challenge "relevant (role) in the conspiracy," Def. Pet. 19; and (4) challenge the Indictment on the grounds that it did not support a "finding of drug quantities," which "might have led to a lower sentence in light of this case," Def. Pet. 12.

Guzman's arguments are without merit-there is no need for a hearing.

Legal Standards

Section 2255 Motions

Under Section 2255 of Title 28, United States Code, a federal prisoner may move the sentencing court to vacate, set aside, or correct the sentence on the ground that such sentence was illegally imposed. 28 U.S.C. § 2255(a). The statute permits the sentencing court to deny the motion without a hearing if "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." Id. at 2255(b) ).

Ineffective Assistance

To prevail on a claim of ineffective assistance of counsel, a defendant must both (1) show that his counsel's representation "fell below an objective standard of reasonableness" under "prevailing professional norms" and overcome a "strong presumption" that his counsel's conduct was reasonable, and (2) "affirmatively prove prejudice" by showing that there is a reasonable probability that, but for counsel's unprofessional errors, the outcome of the proceeding would have been different. Strickland v. Washington , 466 U.S. 688, 688-89, 693-94, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Only if both elements are satisfied can a defendant demonstrate that his counsel "was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment," and that the defendant was, *399as a result, deprived of a fair proceeding. Id. at 687, 104 S.Ct. 2052.

Under the first prong of the Strickland analysis, the reviewing court " 'must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance,' bearing in mind that 'there are countless ways to provide effective assistance in any given case' and that 'even the best criminal defense attorneys would not defend a particular client in the same way.' " United States v. Aguirre , 912 F.2d 555, 560 (2d Cir. 1990) (quoting Strickland , 466 U.S. at 689, 104 S.Ct. 2052 ) (alterations omitted). And, as is pertinent here, "failure to make a meritless argument does not rise to the level of ineffective assistance" of counsel. United States v. Kirsh , 54 F.3d 1062, 1071 (2d Cir. 1995), citing United States v. Javino , 960 F.2d 1137, 1145 (2d Cir. 2009).

To prove the second Strickland prong - prejudice from inadequate representation - where the movant asserts that his attorney's deficient performance induced him to enter the plea agreement and plead guilty, the movant must show that "there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Hill v. Lockhart , 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). Where "petitioner [does] not allege in his habeas petition that, had counsel correctly informed him about [the plea agreement], he would have pleaded not guilty and insisted on going to trial," the second Strickland prong is not met. Id. at 60, 106 S.Ct. 366 ; see also Lafler v. Cooper , 566 U.S. 156, 132 S.Ct. 1376

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Cite This Page — Counsel Stack

Bluebook (online)
363 F. Supp. 3d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzman-v-united-states-ilsd-2019.