United States v. Cruz
United States v. Cruz
Opinion of the Court
SUMMARY ORDER
Angelo Cruz appeals from a judgment of conviction entered after he pleaded guilty to participating in a conspiracy to manufacture, distribute and possess with intent to manufacture and distribute 500 grams and more of methamphetamine, in violation of 21 U.S.C. §§ 812, 841, 841(a)(1), 841(b)(1)(A). We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.
Cruz pleaded guilty pursuant to a plea agreement in which he stipulated, inter alia, that he would not appeal nor otherwise challenge any sentence within or below the agreed upon applicable Sentencing Guidelines range of 235 to 293 months. Judge Jones sentenced Cruz principally to 235 months of imprisonment.
Cruz argues on appeal that his plea was invalid because he entered it in reliance on his trial counsel’s erroneous advice that he would face a life sentence if he were to go to trial and lose. Because facts at issue in the case could well have yielded a Guideline range of life imprisonment, counsel cannot be faulted for advising her client of that probability. Nevertheless, to secure
Accordingly, the judgment of conviction is AFFIRMED.
Reference
- Full Case Name
- United States v. Angelo CRUZ
- Status
- Published