United States v. Martinez

953 F. Supp. 2d 514, 2013 WL 3746200, 2013 U.S. Dist. LEXIS 100669
CourtDistrict Court, S.D. New York
DecidedJuly 18, 2013
DocketNo. 12 Civ. 3573(DC); No. 06 Cr. 987(DC)
StatusPublished
Cited by1 cases

This text of 953 F. Supp. 2d 514 (United States v. Martinez) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martinez, 953 F. Supp. 2d 514, 2013 WL 3746200, 2013 U.S. Dist. LEXIS 100669 (S.D.N.Y. 2013).

Opinion

OPINION

CHIN, Circuit Judge.

On October 29, 2009, defendant Angel Martinez was convicted by a jury of conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. § 846, and murder in furtherance thereof, in violation of 21 U.S.C. [516]*516§ 848(e)(1)(A) and 18 U.S.C. § 2. On February 17, 2010, I sentenced Martinez principally to a term of life imprisonment. Now proceeding pro se, Martinez moves pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence, alleging: (a) ineffective assistance of counsel; (b) insufficient evidence to convict him of murder; and (c) various sentencing errors. For the reasons set forth below, his motion is denied.

BACKGROUND

A. The Facts

1. The Murder and Crack Cocaine Conspiracy

On November 2, 1992, shortly after being informed that Herbert Ortiz was selling drugs on his “turf,” Martinez — together with Steven Mangual and George Torres — shot and killed Ortiz while he was making a call on a payphone. (Trial Tr. 433, 1121-22; Sen. Tr. 17).1 After Ortiz collapsed to the ground, Mangual and Torres fled. Martinez, however, stood over Ortiz and continued to fire rounds into his body. (Trial Tr. at 1122).

The murder helped Martinez transform his organization into a substantial narcotics operation, and he was at its helm for the next fourteen years. Martinez’s drug organization sold crack, twenty-four hours a day, seven days a week. (Id. 750-51, 758-60). Distribution eventually reached a kilogram a week, netting Martinez a weekly profit of approximately $13,000. (Id. 109-12,116-17,146,148^9).

2. The Drug Enforcement Administration Investigation

Beginning in 2005, a former member of Martinez’s organization began to cooperate with the government. At the direction of the Drug Enforcement Administration (the “DEA”), the cooperating witness (the “CW”) called Martinez on January 11, 2006, requesting that Martinez sell him some crack for distribution. (PSR ¶ 24). Martinez agreed. (Id.). Over the next two weeks, the CW recorded several conversations with Martinez regarding the purchase of drugs and ultimately paid Martinez and his associates $1,000 in exchange for thirty-three grams of crack. (PSR ¶¶ 25-29, 33). The CW also recorded conversations with two street-level dealers who informed the CW that they were working shifts for Martinez. (PSR ¶¶ 31-32). Based on this and other incriminating information uncovered during the DEA’s investigation, Martinez was arrested.

B. Procedural History

1. Indictment, Jury Trial, and Direct Appeal

Martinez was indicted on October 17, 2007 for conspiring to distribute and possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 846, and the murder of Ortiz, in violation of 21 U.S.C. § 848(e)(1)(A) and 18 U.S.C. § 2. (Ind’t ¶¶ 1^1). He was tried before a jury, which [517]*517returned guilty verdicts on both counts. On February 17, 2010, I sentenced Martinez principally to a term of life imprisonment.

On February 25, 2010, Martinez appealed his conviction. By summary order issued on April 5, 2011, the Second Circuit affirmed the judgment in all respects. See United States v. Martinez, 419 Fed.Appx. 34 (2d Cir.2011). He did not file a petition for certiorari to the Supreme Court, and thus his judgment of conviction became final ninety days thereafter. See, e.g., Clay v. United States, 537 U.S. 522, 527, 532, 123 S.Ct. 1072, 155 L.Ed.2d 88 (2003) (“Finality attaches ... when the time for filing a certiorari petition expires.”); see also 28 U.S.C. § 2101(c) (petition for certiorari must be filed within ninety days of entry of judgment or decree).

2. The Instant Motion

On April 25, 2012, Martinez timely filed this motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. See 28 U.S.C. § 2255(f). His § 2255 motion alleges (a) ineffective assistance of counsel; (b) insufficient evidence to support the murder conviction; and (c) sentencing errors. Martinez’s trial counsel, Jeremy Schneider, submitted an affirmation in response to Martinez’s motion on July 19, 2012. The government filed its response on October 8, 2012. Martinez submitted a reply on November 7, 2012.

DISCUSSION

Martinez’s motion is denied. First, the allegation of ineffective assistance has no merit. Second, his challenges to his murder conviction and the calculation of his Guidelines range fail procedurally and on the merits.

A. Ineffective Assistance of Counsel

Martinez asserts that he was prejudiced by the representation that he received. I am not persuaded.

1. Applicable Law

Allegations of ineffective assistance of counsel are evaluated in accordance with the two-prong test established in Strickland v. Washington, 466 U.S. 668, 687-96, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See also Gueits v. Kirkpatrick, 612 F.3d 118, 122-27 (2d Cir.2010) (applying Strickland to claim of ineffective assistance). The first prong is satisfied if counsel’s “representation fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 687-88, 104 S.Ct. 2052. Further, Strickland instructs courts to presume “that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. at 689, 104 S.Ct. 2052; see also Knowles v. Mirzayance, 556 U.S. 111, 123, 129 S.Ct. 1411, 173 L.Ed.2d 251 (2009) (inquiry is “highly deferential”). Thus, to be constitutionally deficient, an attorney’s representation must fall well outside the norm of professional conduct. Additionally, courts must evaluate the reasonableness of counsel’s decisions as of the time the decision was made. See Henry v. Poole, 409 F.3d 48

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Bluebook (online)
953 F. Supp. 2d 514, 2013 WL 3746200, 2013 U.S. Dist. LEXIS 100669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martinez-nysd-2013.