United States v. Santiago Miranda

654 F.3d 130, 2011 U.S. App. LEXIS 17148, 2011 WL 3621600
CourtCourt of Appeals for the First Circuit
DecidedAugust 18, 2011
Docket09-2276
StatusPublished
Cited by33 cases

This text of 654 F.3d 130 (United States v. Santiago Miranda) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Santiago Miranda, 654 F.3d 130, 2011 U.S. App. LEXIS 17148, 2011 WL 3621600 (1st Cir. 2011).

Opinion

LIPEZ, Circuit Judge.

After pleading guilty to conspiring to possess with intent to distribute significant amounts of cocaine, crack, and marijuana, Omar Santiago Miranda (Santiago) moved to withdraw his plea. He argued that his plea was involuntary due to his excessive consumption of prescription drugs, lack of sleep, familial coercion, and a history of bipolar disorder. The district court denied the motion and sentenced Santiago to 380 months in prison.

On appeal, Santiago challenges the district court’s denial of his motion, as well as its decision not to hold an evidentiary hearing before disposing of the motion. The government contends that Santiago’s appeal is barred by a provision in the plea agreement waiving his right to appeal. In the alternative, the government argues that the motion to withdraw was properly denied. We bypass the appellate waiver issue and affirm the judgment of the district court.

I.

The following facts are taken from the unchallenged portions of the plea agreement, the change-of-plea colloquy, the presentence investigation report, and the sentencing hearing. See United States v. Isom, 580 F.3d 43, 45 n. 2 (1st Cir.2009).

A. Indictment and Pre-Trial Background

On September 29, 2005, a federal grand jury returned a nine-count second superseding indictment against twenty-two defendants. Santiago was named in two counts: Count Five charged him with conspiring to possess with intent to distribute five kilograms or more of cocaine, fifty grams or more of crack, and one hundred kilograms or more of marijuana, in violation of 21 U.S.C. § 841(a)(1), and Count Seven charged him with knowingly using, carrying, and possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1) and (2).

B. Change-of-Plea Hearing

The trial was scheduled to begin March 6, 2007. Santiago appeared on that date but, instead of proceeding to trial, informed the court that he wished to plead guilty. The court proceeded with a change-of-plea hearing and received Santiago’s plea agreement, in which he pled guilty to Count Five only. The government and Santiago agreed that, because he assumed responsibility as an aider and abettor to a 2004 murder that constituted *133 one of the overt acts in furtherance of the drug conspiracy, his base offense level was 43. See U.S. Sentencing Guidelines Manual §§ 2Dl.l(d)(l), 2A1.1 (2006). They also agreed that a clear demonstration of acceptance of responsibility for the conspiracy offense would merit a three-level reduction. Based on the resulting total offense level of 40, the parties agreed that they would recommend a 324-month sentence if Santiago’s criminal history category (CHC) was II, and a 360-month sentence if his CHC was any higher. 1 In addition to listing a number of rights Santiago relinquished by accepting the plea deal, the plea agreement stated that he “hereby agrees that if this Honorable Court accepts this Plea Agreement and sentences him according to its terms and conditions, defendant waives and surrenders his right to appeal the judgment and sentence in this case.”

At the hearing, the court first considered Santiago’s competence to plead, discussing with him his age, his educational level, and his mental state. Because Santiago’s appeal focuses on that mental state, we quote from a portion of the hearing transcript at length:

THE COURT: How do you feel this afternoon?
THE DEFENDANT: I feel fine.
THE COURT: Have you taken any drugs, pills, or medicines within the last 24 hours?
THE DEFENDANT: No.
THE COURT: Do you realize you’re in a courtroom?
THE DEFENDANT: That is correct.
THE COURT: You’re here to change your plea of not guilty to one of guilty as to Count Five of the indictment.
THE DEFENDANT: That is correct.
THE COURT: And do you know what you have been charged with in Count Five?
THE DEFENDANT: That is correct.
THE COURT: There is no need for me to read to you charges at this time?
THE DEFENDANT: No.
THE COURT: Have you had enough time to consult with your attorney before this afternoon?
THE DEFENDANT: That is correct.
THE COURT: Are you satisfied with her services up to now?
THE DEFENDANT: Very satisfied.
THE COURT: At this time I find the defendant competent to plea.
I’m going to continue asking you questions. If you do not understand my questions, you may ask me to repeat them to you. If you have any doubts as to the answers you are to give to my questions, then you may consult with your attorney who is standing next to you. Do you understand?
THE DEFENDANT: I understand.
THE COURT: The reason I’m explaining this to you is because I’m going to place you under oath, and if any of your answers to my questions are untruthful, then you may be subjecting yourself to further charges of perjury or providing false information while under oath which carry additional penalties. Do you understand?
THE DEFENDANT: I understand.
[Santiago was sworn.]

The court proceeded to inform Santiago of the various rights he would surrender by *134 pleading guilty, and Santiago confirmed that he understood and that he still wished to plead guilty.

With respect to coercion, the court asked whether “anybody threatened you in any way to induce you to plead guilty,” and Santiago said, “No one.” The court asked again, “Is anybody forcing you in any way to get you to plead guilty?,” to which Santiago responded, “No one.” Finally, the court asked whether anyone had “made any promises or offered you any things of value to get you to plead guilty,” and Santiago again answered, “No one.”

The court then reviewed Santiago’s plea agreement in detail, explaining to Santiago that the agreement was not binding on the court, that there was no final stipulation regarding Santiago’s CHC, and that Santiago’s signature meant that he agreed that the facts in it were true and accurate. Santiago indicated his understanding of each of these points. The court also explained the waiver of appeal clause:

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Bluebook (online)
654 F.3d 130, 2011 U.S. App. LEXIS 17148, 2011 WL 3621600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-santiago-miranda-ca1-2011.