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Keywords

defendantappealpleamotion

defendantprecedentpleamotion

Related Cases

Vallecillo-Rodriguez; U.S. v.

Facts

Vallecillo-Rodriguez, a Mexican national, was arrested for unlawful reentry after being deported following a ten-year sentence for second-degree murder. He pleaded guilty to unlawful reentry in 2015, with a plea agreement that included a waiver of appeal rights. After his state murder conviction was vacated in 2017 due to ineffective assistance of counsel, he filed a motion under 28 U.S.C. 2255 to challenge his federal sentence, arguing it was improperly enhanced by the now-invalid conviction.

On May 20, 2013, Vallecillo-Rodriguez, a Mexican national previously removed from the United States, was arrested by federal immigration agents in Albuquerque, New Mexico. Although Vallecillo-Rodriguez had been lawful permanent resident, he was deported after serving a ten-year sentence for a second-degree murder conviction from the Second Judicial District Court for Bernalillo County, New Mexico.

Issue

Whether the waiver provision in Vallecillo-Rodriguez's plea agreement bars his request for resentencing after the vacatur of his state murder conviction.

The primary issue before the Court is whether the waiver provision of the plea agreement Vallecillo-Rodriguez signed bars the relief he requests.

Rule

A defendant is entitled to resentencing if a prior conviction used to enhance their sentence is vacated, unless they knowingly and voluntarily waived their right to challenge the sentence.

If this clause does not control, Supreme Court precedent mandates resentencing. See Johnson v. United States, 544 U.S. 295, 303, 125 S. Ct. 1571, 161 L. Ed. 2d 542 (2005) (explaining that 'a defendant given a sentence enhancement for a prior conviction is entitled to a reduction if the earlier sentence is vacated').

Analysis

The court analyzed whether the waiver in the plea agreement was enforceable. It noted that Vallecillo-Rodriguez had a reasonable expectation to challenge his federal sentence if his state conviction was vacated, as he had sought continuances to await the outcome of his state proceedings. The court concluded that the waiver did not preclude his request for relief under Section 2255.

Under the totality of the circumstances, Vallecillo-Rodriguez had a reasonable expectation that he would be permitted to challenge his federal sentence if his state-court conviction for second-degree murder was vacated.

Conclusion

The court recommended granting Vallecillo-Rodriguez's motion to vacate his sentence and to be resentenced.

Ultimately, Vallecillo-Rodriguez was successful in his state-court challenge. In a written order dated January 11, 2017, the Second Judicial District Court granted Vallecillo-Rodriguez's amended motion to vacate his conviction.

Who won?

Jose Fernando Vallecillo-Rodriguez prevailed because the court found that the waiver in his plea agreement did not bar his request for resentencing after the vacatur of his state conviction.

The court concluded that Vallecillo-Rodriguez's waiver did not preclude his request for relief under Section 2255.

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