United States v. Mendez

282 F. App'x 153
Court of Appeals for the Third Circuit·Decided May 29, 2008·No. 05-5526, 05-5527·Unpublished·Cited by 1 cases

Opinion

OPINION

BARRY, Circuit Judge.

Appellant Santos Mendez appeals the judgment of sentence, alleging that one of his two guilty pleas was not made knowingly and intelligently. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. For the reasons that follow, we will affirm.

I.

Because we write exclusively for the parties, who are familiar with the facts and proceedings before the District Court, we will revisit them only briefly. Mendez was the leader of a drug trafficking organization in North Philadelphia that was under FBI investigation. The street corners Mendez “owned” were within 1,000 feet of a public elementary school. Mendez controlled the drug activities on these corners using violence and intimidation and personally sold crack cocaine, heroin, cocaine, and marijuana. In the course of the drug investigation, wiretaps on Mendez’s cell phone revealed that he was planning home-invasion robberies targeted primarily at drug traffickers. In January 2002, a joint task force of the Philadelphia Police Department and the FBI intercepted calls revealing that Mendez and three of his co-defendants planned to rob the home of the owners of a restaurant using a pizza delivery ruse to gain entry. On January 25, 2002, Mendez and his co-defendants carried out the armed robbery, leaving the victims, a man and his pregnant wife and small child, bound and restrained in the basement. Mendez and his co-defendants left the scene in two vehicles. Police, who were patrolling the area in an effort to find Mendez and prevent the robbery, saw the vehicles, pulled them over, and arrested the occupants, including Mendez. Items from the victims’ home were found in the vehicles. The male victim of the robbery later identified Mendez, and one of Mendez’s co-defendants confessed and implicated Mendez as the leader and organizer of the robbery.

Mendez and four co-defendants were indicted for conspiracy to affect commerce by robbery in violation of 18 U.S.C. § 1951(a), (b)(1), (b)(3) (“count one”), interference with commerce by robbery in violation of 18 U.S.C. § 1951(a), (b)(1), (b)(3) (“count two”), and using and carrying a firearm during the commission of a violent crime in violation of 18 U.S.C. §§ 924(c)(l)(A)(ii), and 2 (“count three”), and Mendez and one codefendant were indicted for being felons in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (“count four”). In a second indictment, Mendez and seven codefendants were charged with separate drug distribution and related firearm charges arising out of a drug trafficking conspiracy. 1 On November 24, 2003, Mendez entered an open guilty plea without a plea agreement to all four counts charged in *155 the first indictment. On January 23, 2004, Mendez entered an open guilty plea without a plea agreement to all the counts charged in the second indictment. 2 Mendez does not dispute the validity of the second guilty plea. On the government’s motion, the two cases were consolidated for sentencing, and sentence was imposed on December 13, 2005. 3

II.

As Mendez did not make any objections when he pled guilty on November 24, 2003 nor did he ever file a motion to withdraw that guilty plea, the standard of review is plain error. United States v. Dixon, 308 F.3d 229, 233 (3d Cir.2002). Under this standard, Mendez must establish that the error was obvious under the law and affected his substantial rights. Id. at 234. To show that an error affected his substantial rights, he must demonstrate prejudice and prove that had it not been for the error, the outcome would have been different. Id.

III.

The validity of a guilty plea rests on whether the plea was “knowing, voluntary and intelligent.” United States v. Tidwell, 521 F.3d 236, 252 (3d Cir.2008). Rule 11 of the Federal Rules of Criminal Procedure requires the court to engage in a colloquy to “determine that the plea is voluntary.” Fed.R.Crim.P. 11(b)(2). Mendez claims that his guilty plea to the first indictment was not made knowingly and intelligently, and that the District Court should not have accepted that guilty plea because it knew that Mendez had sustained a head injury and was not fully conversant in the English language. 4

It is beyond doubt that Mendez fully understood the consequences of his guilty plea and that the District Court conducted a thorough inquiry into whether he was mentally alert and understood English. When Mendez informed the Court about the “bump on [his] head” (App.15), which he claimed was the result of an assault, the Court asked him if he understood what the Court was talking about and whether he had understood his attorney when he talked to him before the hearing. Mendez confirmed that he had understood his attorney and understood the Court so far. Even so, the District Court instructed Mendez to interrupt if he did not understand something the Court said.

Neither did the District Court have any reason to believe that Mendez’s understanding of the plea hearing was inhibited due to any deficiencies in his ability to understand English. When the Court asked him if he could read, write, and understand English, he said he could write it, and could “read it and understand it a little bit.” (App.14.) After further inquiry, *156 he explained that he sometimes couldn’t “remember the paragraphs [he] read” and had a problem pronouncing some words. (Id.) The Court then asked if he could understand when he read English and he replied that he understood some words, but that his vocabulary was not good. The Court instructed him to interrupt if he did not understand any word the Court used.

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United States v. Mendez, 282 F. App'x 153 (3d Cir. 2008).

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