US v. Guzman

Filing 920100503

Opinion

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var WPFootnote1 = 'The Hon. David H. Souter, Associate Justice (Ret.) of the\
Supreme Court of the United States, sitting by designation.\
'

var WPFootnote2 = '                   In an interview with a state trooper just after the fatal\
fire, Guzman claimed that he was asleep as these events were\
transpiring and only became aware of the fire because of the sound\
of sirens from emergency responders. But two witnesses identified\
Guzman at the scene of the fire. A boy who was fourteen at the\
time of the offense testified that Guzman and Cruz asked him to be\
a lookout. He testified that Cruz and Guzman then disappeared\
behind the building for ten to fifteen seconds and later came\
running out, as smoke and eventually fire came out of the building. \
Another witness testified that he saw Guzman and the\
fourteen-year-old standing outside Guzman\'s girlfriend\'s building\
as the fire was burning and before emergency responders had\
arrived. \
'

var WPFootnote3 = '                   What is more troubling from the standpoint of the\
administration of justice was the back-timing of the waiver of\
rights. The fact of the back-timing was presented to the court, so\
its use was not an attempt to mislead the court. Nor does the\
back-timing support any argument that Guzman\'s waiver was invalid;\
it occurred after Guzman decided to speak with the agents.\
'

var WPFootnote4 = '                   Defense counsel was permitted to establish that Ramos had\
previously testified against cellmates; that Ramos was aware of\
what discovery materials are; that Ramos was aware Guzman was\
meeting with his lawyers, receiving paperwork from them and leaving\
that paperwork in his cell; that Guzman spoke with Ramos about what\
he learned from his lawyers; and that there were weekly times when\
Ramos would be in the cell alone and therefore would have access to\
Guzman\'s discovery materials. At closing arguments defense counsel\
asserted that every detail Ramos testified to was obtainable\
through Guzman\'s discovery documents or conversations with Guzman.\
'

var WPFootnote5 = '                   Guzman cites a number of cases from other circuits in\
support of lowering the plain error standard where the sentence is\
not explained, but those cases are all distinguishable from this\
case because they all involved sentences that were above the\
guidelines range, which the judge failed to explain as required by\
§ 3553(c)(2). See, e.g., United States v. Blackie, 548 F.3d 395,\
400-02 (6th Cir. 2008); In re Sealed Case, 527 F.3d 188, 191-93\
(D.C. Cir. 2008); United States v. Lewis, 424 F.3d 239, 245-49 (2d\
Cir. 2005). \
'

var WPFootnote6 = '                   There is no argument that the guideline range in this\
case exceeded twenty-four months or that the court sentenced Guzman\
above his guideline range; thus § 3553(c)(1) and (2) do not come\
into play here.\
'

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