United States v. Hernandez-Rodriguez, No. 13-1314 (8th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine and 50 grams or more of actual methamphetamine. The court concluded, inter alia, that the district court did not abuse its discretion in concluding that defendant failed to demonstrate that his attorney's performance was deficient; counsel made a reasoned decision to stipulate the facts; and counsel acted to minimize the extent of defendant's exposure to a role enhancement. Accordingly, the court concluded that the district court did not abuse its discretion in denying defendant's motion to withdraw his plea based on the ineffective assistance of counsel. The court also concluded that the district court did not err by applying a three level enhancement to defendant's sentence under U.S.S.G. 3B1.1 for his role as a manager or supervisor of an offense that involved five or more participants. Further, the district court did not err in denying an offense-level reduction under U.S.S.G. 3E1.1(a) for acceptance of responsibility. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Criminal law and sentencing. The district court did not err in denying defendant's motion to withdraw his guilty plea based on a claim of ineffective assistance of counsel as defendant failed to show counsel's performance was deficient; counsel's decision to stipulate to certain facts was a reasonable strategy based on the evidence in the case, defendant's desire to take responsibility and counsel's belief that the stipulation would help establish defendant's willingness to cooperate; further, counsel made reasonable efforts to minimize the effect the stipulation would have on a possible role enhancement; the district court did not err in imposing an enhancement under Guidelines Sec. 3B1.1 for role in the offense or in denying a reduction under Guidelines Sec. 3E1.1 for acceptance of responsibility, as the evidence established defendant acted as a manager or supervisor of an offense involving five or more persons and his attempt to withdraw his plea showed he had not accepted his responsibility.
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