United States v. Edgar Vallejo

463 F. App'x 849
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 26, 2012
Docket11-13135
StatusUnpublished
Cited by4 cases

This text of 463 F. App'x 849 (United States v. Edgar Vallejo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Edgar Vallejo, 463 F. App'x 849 (11th Cir. 2012).

Opinion

PER CURIAM:

Edgar Vallejo appeals his sentence imposed after he pleaded guilty to engaging in a continuing criminal enterprise by violating federal narcotics laws, 21 U.S.C. § 848. On appeal, he argues that the district court breached the binding plea agreement by imposing a term of supervised release. For the reasons set forth below, we vacate and remand for resen-tencing without supervised release.

I.

In a superseding indictment, Vallejo was charged with conspiring to possess with intent to distribute more than five kilograms of a mixture and substance containing cocaine, in violation of 46 U.S.C. app. § 1903(a), (h), (j) (recodified in 2006 at 46 U.S.C. § 70503, 70506) (Count 1); possessing with intent to distribute more than five kilograms of a mixture and substance containing cocaine, in violation of 46 U.S.C. app. § 1903(a) (recodified in 2006 at 46 U.S.C. § 70503) (Count 2); and engaging in a continuing criminal enterprise by violating federal narcotics laws, in violation of 21 U.S.C. § 848 (Count 3).

Pursuant to a written plea agreement under Fed.R.Crim.P. 11(c)(1)(C), Vallejo agreed to plead guilty to Count 3, and the government agreed to dismiss Counts 1 and 2. Vallejo and the government agreed “that the appropriate disposition” was a sentence consisting of 22 years’ imprisonment and a $1 million fine and that Vallejo should get credit for time served since his 2008 arrest. The plea agreement also contained a forfeiture provision.

At the change of plea hearing, the district court reviewed the Rule 11(c)(1)(C) plea agreement and ultimately accepted it. The government and Vallejo’s attorney agreed that the court was bound by the entire plea agreement. Vallejo testified that he understood that he would not receive a trial and would simply be sentenced to 22 years’ imprisonment. The court then further reviewed possible sentencing ranges, explaining that, “under the law,” it had the power to sentence Vallejo to a term of imprisonment of 20 years to life. Vallejo testified that he understood that sentencing range. The court then explained that a term of imprisonment would be followed by a term of supervised release, which the government stated was five years to life. Vallejo testified that he understood that he could be imprisoned for violating the terms of supervised release. The court noted that Vallejo had agreed to a $1 million fine, but also noted that the statutory maximum fine was $2 million. Finally, the court reviewed the forfeiture provision in the plea agreement and explained that Vallejo had to pay a $100 special assessment when he was sentenced. Vallejo testified that he understood the forfeiture provision and that he was required to pay the special assessment. The court then stated that it would be imposing *851 a 22-year term of imprisonment and accepted Vallejo’s guilty plea.

At sentencing, the court sentenced Vallejo to 264 months’ imprisonment, a $1 million fine, and 5 years’ supervised release. Vallejo, through counsel, objected to the term of supervised release because supervised release was not mandatory, nor was it included in the plea agreement. The court responded that the plea agreement, which did not discuss supervised release, did not prevent the court from imposing a term of supervised release. The probation officer noted that there was no minimum required term of supervised release. Vallejo argued that the parties had not included a term of supervised release in the recommended sentence. Vallejo disagreed with the court’s interpretation of the plea agreement, arguing that the court was bound to accept the recommended sentence of 22 years’ imprisonment and a $1 million fíne as the entire sentence. The court overruled Vallejo’s objection.

II.

We review de novo the construction of plea agreements. United States v. Young, 131 F.3d 1437, 1438 (11th Cir.1997). We review “the district court’s factual findings regarding the scope of the agreement” for clear error. United States v. Al-Arian, 514 F.3d 1184, 1191 (11th Cir.2008).

The government and a defendant can “agree that a specific sentence or sentencing range is the appropriate disposition of the case.” Fed.R.Crim.P. 11(c)(1)(C). If the court accepts a Rule 11(c)(1)(C) plea agreement, the court is bound by the recommendation. Id. The acceptance of a Rule 11(c)(1)(C) plea “agreement is identical to imposition of punishment; if the court does not consider the agreement fair, it simply rejects the entire plea agreement.” United States v. Dean, 80 F.3d 1535, 1541 (11th Cir.) (addressing Rule 11(c)(1)(C)’s precursor), modified, 87 F.3d 1212 (1996). Like the government and defendant, the court is bound by a plea agreement that it accepts. United States v. Yesil, 991 F.2d 1527, 1532 (11th Cir.1992). A district court has no power to modify a plea agreement that it has approved. Dean, 80 F.3d at 1541. If the court rejects a Rule 11(c)(1)(C) plea agreement, it must “give the defendant an opportunity to withdraw the plea.” Fed. R.Crim.P. 11(c)(5)(B).

The first step in construing a plea agreement is to determine the scope of the agreement. United States v. Copeland, 381 F.3d 1101, 1105 (11th Cir.2004) (reviewing appellant’s argument that the government breached the plea agreement). In so doing, we apply an objective standard to determine “whether the [court’s] actions [were] inconsistent with what the defendant reasonably understood when he entered his guilty plea.” Al-Arian, 514 F.3d at 1191 (quotation omitted) (reviewing appellant’s argument that the government breached the plea agreement). Where a plea agreement is unambiguous, we will not consider extrinsic evidence of the agreement’s meaning. Copeland, 381 F.3d at 1105-06. If an agreement is ambiguous, however, “we will consider extrinsic evidence of the parties’ intent.” Id. at 1106. An ambiguous agreement “must be read against the government.” Id. at 1105-06 (quotation omitted). When a court accepts a plea agreement, but then denies the defendant the benefit of that agreement, the defendant is entitled to “specific performance of the plea agreement or ... the opportunity to withdraw the guilty plea.”

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463 F. App'x 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edgar-vallejo-ca11-2012.