United States v. Mancinas-Flores

588 F.3d 677, 2009 WL 4282018
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 2, 2009
Docket16-56015
StatusPublished
Cited by51 cases

This text of 588 F.3d 677 (United States v. Mancinas-Flores) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Mancinas-Flores, 588 F.3d 677, 2009 WL 4282018 (9th Cir. 2009).

Opinions

ORDER

The opinion filed on December 2, 2009, is amended as follows:

588 F.3d p. 681, Section II, ¶ 1, line 7. Delete “(en banc)”.
588 F.3d p. 682, ¶ 3, lines 8-9. Delete the parenthetical “, sitting en banc,”.

OPINION

ADELMAN, District Judge:

A Phoenix grand jury indicted defendant Bernardo Mancinas-Flores for a variety of offenses arising out of defendant’s involvement in smuggling undocumented aliens into the United States and holding them for ransom in a stash house. On the morning the trial was to begin, defendant decided to enter into a plea agreement with the government pursuant to which he would plead guilty to a firearm charge. Defendant attempted to plead guilty, but the district court rejected his plea and ordered the case to proceed to trial, whereupon the jury found defendant guilty on all counts, and the court sentenced him to life in prison.

On appeal, defendant challenges the district court’s denial of his motion to suppress evidence obtained pursuant to a warrantless search of the stash house, its rejection of his guilty plea, its decision admitting evidence of a sexual assault and its sentence. We affirm the district court’s denial of the motion to suppress. However, we vacate the court’s rejection of defendant’s guilty plea and remand for a new plea hearing. Because we remand for a new plea hearing, we do not address the district court’s decision to admit evidence of a sexual assault or its sentence.

I.

On October 6, 2005, Immigration and Customs Enforcement (“ICE”) agents in Phoenix learned that a Michigan resident had reported that smugglers were holding a relative of the Michigan resident hostage in Phoenix pending payment of a ransom. On October 7, 2005, Phoenix ICE learned that a Kansas resident had called ICE agents in Kansas City and reported that smugglers were holding his relative hostage in Phoenix. The Kansas City resident knew the smugglers’ phone number, and ICE commenced an investigation, working with the telephone service provider to locate the phone that the smugglers were using to make their demands. ICE also coordinated and recorded additional calls between the Kansas City resident and the smugglers, and during such calls, the Kansas City resident persuaded the smugglers to give him until October 10, 2005 to pay the ransom.

On October 10, 2005, at approximately 11:00 a.m., ICE identified a residence in Phoenix where the smugglers were holding the undocumented aliens. ICE then contacted the Phoenix Police Department’s Special Assignments Unit (“SAU”) and requested that officers enter the residence and rescue the hostages. When ICE initially discussed the situation with SAU, SAU determined that exigent circumstances justifying a warrantless entry into the residence were not present. ICE and SAU discussed the possibility of a “knock and talk” operation, in which officers would knock on the door of the stash house and request permission to enter it. However, between 11:30 a.m. and 11:45 a.m., an [680]*680ICE agent reported that the Michigan resident had just called again and stated that during the October 6 call, the smugglers had threatened to rape and beat his female relative unless he paid the ransom immediately. Based upon this information, SAU decided that exigent circumstances existed and, at about 12:15 p.m., executed a warrantless entry into the stash house, discovering seventeen undocumented aliens and a loaded shot gun. The hostages identified defendant and Andres Vazquez-Vera as the smugglers.

The government initially charged defendant and Vazquez-Vera with conspiracy to commit hostage taking, hostage taking, conspiracy to harbor illegal aliens and harboring illegal aliens. In a superceding indictment, it added a fifth count, possession or use of a firearm in a crime of violence, in violation of 18 U.S.C. § 924(c). Vazquez-Vera eventually pleaded guilty.

Defendant moved to suppress the evidence obtained from the entry into the stash house, and the district court denied the motion, holding that defendant had no legitimate expectation of privacy in the stash house and that even if he had, exigent circumstances justified the search. The court also denied defendant’s motion to bar the admission of evidence that he had sexually assaulted a female alien.

On the morning of trial, the parties informed the court that defendant had decided to plead guilty to the firearm count in exchange for the government’s dismissing the remaining counts and agreeing to a sentencing range of twenty to thirty years. The court replied that it would reject any plea agreement that limited the sentence to thirty years, but that it would entertain a plea agreement calling for a higher sentence. The parties then reached a new plea agreement, under which defendant would plead guilty to the firearm charge in exchange for dismissal of the remaining counts and a sentencing range of twenty-five to forty years.

The court then engaged in a colloquy with defendant, which culminated in the following exchange:

THE COURT: Do you understand what’s happening now today?
THE DEFENDANT: I do understand.
THE COURT: What’s happening?
THE DEFENDANT: I am accepting a charge, a crime.
THE COURT: Have you talked to your attorney about it?
THE DEFENDANT: Yes, we have talked.
THE COURT: And did she assist you in understanding what the agreement was?
THE DEFENDANT: Yes, she communicated to me the things.
THE COURT: And have you decided, then, to plead guilty?
THE DEFENDANT: Yes, I have decided to plead guilty because I was told otherwise I could get life in prison and I do have a family and children.
THE COURT: Are you pleading guilty because you are guilty?
THE DEFENDANT: Well, those are the charges they have filed against me. I have never been shown evidence of fingerprints on the weapons or things like that.
THE COURT: Are you pleading guilty because you are guilty?
THE DEFENDANT: Well, I’m really not guilty.
THE COURT: All right. Let’s bring the jury up. All right.

The court immediately commenced the trial, and the jury found the defendant guilty on all five counts. The court sentenced him to life imprisonment on the hostage taking counts, 120 months on the harboring counts, and eighty-four months on the [681]*681firearm count, all concurrent, except for the firearm sentence, which was consecutive.

II.

Defendant argues that the district court erred in its handling of his guilty plea. He contends that the plea met all the requirements of Fed.R.Crim.P. 11(b), and that therefore the court had no discretion to reject it. See In re Vasquez-Ramirez, 443 F.3d 692, 695-96 (9th Cir.2006) (holding that a district court is required to accept a guilty plea that satisfies the requirements of Fed.R.Crim.P.

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Cite This Page — Counsel Stack

Bluebook (online)
588 F.3d 677, 2009 WL 4282018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mancinas-flores-ca9-2009.