United States v. Rodríguez-León

402 F.3d 17, 2005 WL 610764
Court of Appeals for the First Circuit·Decided March 17, 2005·No. No. 02-2693·Published·Cited by 11 cases

Opinion

TORRUELLA, Circuit Judge.

Defendant-appellant Víctor Rodriguez León (“Rodríguez”) entered into a plea agreement on one count of aiding and abetting in the possession with intent to distribute and/or distribution of multiple kilograms of controlled substances, in violation of 21 U.S.C. § 841(a), for his involvement between the ages of nine and seventeen 1 in a drug organization in which both of his parents were also involved. He alleges that his competence to plead guilty was questionable and that a magistrate judge erroneously recommended that he be transferred to adult status. Consequently, he argues, the district court erred in refusing to continue sentencing proceedings in order to investigate his apparent dissatisfaction with his guilty plea. Because we find no abuse of discretion in the district court’s acceptance of the guilty plea, failure to permit its withdrawal, or refusal to continue sentencing, the decision below is affirmed.

I. Background

On September 19, 2001, Rodriguez was charged as a juvenile in a sealed criminal complaint for conspiracy to possess with intent to distribute narcotics, in violation of 21 U.S.C. § 846. On September 21, 2001, Rodriguez plead not guilty to the charge and was placed in pretrial detention. On December 4, 2001, the government filed a Motion to Transfer to Adult Status, and amended the charge to aiding and abetting in the possession with intent to distribute and/or distribution of multiple kilograms of controlled substances, in violation of 21 U.S.C. § 841(a).

An evidentiary hearing was held before Magistrate Judge Aida M. Delgado Colón on May 3, 2001. At the hearing, Dr. Luis Francisco Umpierre, a clinical psychologist, and Dr. Maria T. Margarida Julia, a [20]*20clinical neuropsychologist, testified on behalf of the Government and Rodriguez, respectively. Dr. Umpierre determined that Rodríguez has an IQ of 62, corresponding to mild mental retardation, and both experts found evidence of cognitive dysfunction or brain damage. On June 13, 2002, the magistrate judge issued a detailed Report and Recommendation. In the Report, she made specific findings on each of the six factors that 18 U.S.C. § 5032 directs judicial officers to consider in deciding on transfer to adult status.2 She found that Rodriguez’s prior delinquency record,3 poor response to probationary supervision and corresponding need for an institutional rehabilitation program, and mental limitations on judgment and emotional control, in addition to the lack of evidence of the existence of adequate non-penal rehabilitation programs to suit Rodriguez’s needs, all weighed in favor of transfer to adult status. In addition, the magistrate judge found that the nature of the alleged offense — including reliable government evidence of Rodriguez’s participation in murders and “hunting” rival drug gang members — was sufficient, standing alone, to warrant transfer to adult status.

The magistrate judge also made findings as to Rodriguez’s competency to stand trial. She determined, on the basis of the psychological reports, that although his mental and judgmental capacities were limited, Rodriguez was capable of distinguishing right from wrong, understanding if one penalty was harsher than another, understanding the implications of an alibi defense and assisting his counsel by providing facts and information in support thereof. Thus, she concluded, he was competent to stand trial and assist defense counsel.

Rodriguez initially filed a sealed objection to the Report and Recommendation, but just over a month later, he submitted a motion to proceed against him as an adult. The motion states that “upon advise [sic] of counsel, [Rodriguez] voluntarily waives all further transfer procedures in this case [and] requests to be proceeded against as an adult for purposes of criminal prosecution in this case.” The same day, he waived indictment and plead guilty to one count of distribution of various narcotic drugs, in violation of 21 U.S.C. § 841(a).

At the change of plea hearing before district court judge Juan M. Pérez Gimé-nez, Rodriguez’s counsel orally withdrew his opposition to the Report and Recommendation. After questioning Rodriguez directly, the district judge accepted the Report and Recommendation and waiver of transfer proceedings, found Rodriguez [21]*21competent to waive indictment, and accepted his guilty plea.

A sentencing hearing was held on November 22, 2002. At the hearing, the following exchange occurred between the district judge and Rodriguez’s counsel:

MR. ANGLADA: Your Honor, let me put something on the record before we start. I am ready for sentence and we have reviewed the PSI with the client. The client would like the sentence to be continued. One of the reasons is that his mother was already sentenced and his father is to be sentenced at an adjacent court on December 10th. We are within the thirty-five days. I am ready but I have the duty and the loyalty to my client to inform the court that he would prefer sentencing to be continued.
THE COURT: What is the reason?
MR. ANGLADA: The reason, Your Honor, is that he would prefer sentence not to be imposed in accordance with the written plea agreement. His father is to be sentenced by the Honorable Court if the plea is accepted by that neighboring court for a prison term of eighteen and a half years and, of course, I am bound by the plea agreement before this court and this plea calls for the imposition of a sentence of thirty seven points with a criminal history of two for the imposition of a sentence of 240 months. So, I am ready, he would-
THE COURT: But the fact that his father may be sentenced before or after he is sentenced, how does that affect his own sentence?
MR. ANGLADA: Your Honor, in my opinion I don’t see any reasoning other than the generic attitude of his father now that our plea agreement is not a satisfactory plea agreement for his father and, therefore, for him, remember that he is now 18 or 19 and his IQ is one of 62. Now he is with his father at MDC and now he is again under the influence of his father.
THE COURT: Again my question is, do you think it would be beneficial for him to continue now under his father’s supervision or if I sentence him today ask the Marshals to transport him out of Puerto Rico, so he is not under that influence, which apparently is a very bad influence.
MR. ANGLADA: Well, Your Honor, as an attorney, as a father, I have an opinion. I don’t want to further jeopardize my relationship to him, so, you know, I don’t know, if you are going to accept my words as an answer.
THE COURT:.... [W]e will proceed to sentence the defendant today. I think that your actions in this case were professionally carried out.

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Rodríguez-León, 402 F.3d 17, 2005 WL 610764 (1st Cir. 2005).

402 F.3d 17 (United States v. Rodríguez-León) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Kitts
27 F.4th 777 (First Circuit, 2022)
United States v. Velazquez-Aponte
940 F.3d 785 (First Circuit, 2019)
United States v. Llanos-Falero
847 F.3d 29 (First Circuit, 2017)
Deering v. United States
219 F. Supp. 3d 283 (D. Puerto Rico, 2016)
United States v. Kenney
756 F.3d 36 (First Circuit, 2014)
Brown v. O'Brien
666 F.3d 818 (First Circuit, 2012)
United States v. Pulido
566 F.3d 52 (First Circuit, 2009)
United States v. Pimentel
539 F.3d 26 (First Circuit, 2008)
United States v. Domingo Mercedes Mercedes
428 F.3d 355 (First Circuit, 2005)
United States v. Victor Rodriguez-Leon
402 F.3d 17 (First Circuit, 2005)