US v. Jose Ballestero

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00054-CCE-2 Copies to all parties and the district court/agency. [999586791].. [14-4702]

Appeal: 14-4702

Doc: 52

Filed: 05/20/2015

Pg: 1 of 5

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4702

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE ANGEL DE SANTIAGO BALLESTEROS,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00054-CCE-2)

Submitted:

April 28, 2015

Decided:

May 20, 2015

Before SHEDD, FLOYD, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brian Michael Aus, BRIAN AUS, ATTORNEY AT LAW, Durham, North
Carolina, for Appellant. Sandra Jane Hairston, Assistant United
States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-4702

Doc: 52

Filed: 05/20/2015

Pg: 2 of 5

PER CURIAM:
Jose Angel de Santiago Ballesteros appeals his conviction
and

240-month

sentence

imposed

following

his

guilty

plea

to

conspiracy to distribute more than five kilograms of cocaine
hydrochloride,
appeal,

in

counsel

California,

violation
has

386

U.S.

filed
738

of

21

a

U.S.C.

brief

(1967),

§ 846

pursuant

stating

(2012).
to

that

On

Anders

there

are

v.
no

meritorious issues for appeal but questioning whether (1) the
district court plainly erred in failing to release Ballesteros
from custody due to lack of jurisdiction, (2) trial counsel was
ineffective
plainly

on

erred

multiple
in

grounds,

using

the

and

same

(3)

the

district

interpreter

Ballesteros’ and his codefendant’s proceedings.

to

court

translate

Ballesteros has

filed a pro se supplemental brief raising numerous claims.

The

Government

the

has

declined

to

file

a

response

brief.

For

reasons that follow, we affirm.
We review challenges to a court’s jurisdiction de novo.
United States v. Winfield, 665 F.3d 107, 109 (4th Cir. 2012).
Ballesteros
lacked

asserted

authority

to

at

sentencing

prosecute

that

him

the

because

district
he

is

a

court
free,

sovereign person not subject to the jurisdiction of the federal
courts.

As the Seventh Circuit has recognized, however, this

defense “has no conceivable validity in American law.”

United

States

1990).

v.

Schneider,

910

F.2d
2

1569,

1570

(7th

Cir.

Appeal: 14-4702

Doc: 52

Filed: 05/20/2015

Pg: 3 of 5

Rather, subject matter jurisdiction over criminal prosecutions
is conferred by 18 U.S.C. § 3231 (2012).

Because Ballesteros

was unquestionably subject to the court’s authority under that
provision, his jurisdictional challenge lacks merit.
Both counsel and Ballesteros also raise various claims of
ineffective assistance of trial counsel.

Unless an attorney’s

ineffectiveness conclusively appears on the face of the record,
ineffective

assistance

direct appeal.
Cir. 2008).

claims

generally

are

not

addressed

on

United States v. Benton, 523 F.3d 424, 435 (4th

Instead, such claims should be raised in a motion

brought pursuant to 28 U.S.C. § 2255 (2012), in order to permit
adequate development of the record.

United States v. Baptiste,

596 F.3d 214, 216 n.1 (4th Cir. 2010).

Because ineffective

assistance does not conclusively appear in the record, these
claims should be raised, if at all, in a § 2255 motion.
Counsel and Ballesteros also assert that the district court
erred in using the same interpreter to translate the proceedings
of both Ballesteros and his codefendant.

Because Ballesteros

did not raise this issue in the district court, our review is
for plain error.

United States v. Olano, 507 U.S. 725, 731

(1993); see Henderson v. United States, 133 S. Ct. 1121, 1126
(2013) (describing standard of review).
An interpreter in federal court “must be qualified and must
give oath or affirmation to make a true translation.”
3

Fed. R.

Appeal: 14-4702

Doc: 52

Evid.

604.

Filed: 05/20/2015

In

addressing

Pg: 4 of 5

an

interpreter’s

fitness,

“the

fundamental question is normally one of qualification, not of
veracity or fidelity.

In the absence of special circumstances,

the latter qualities are assumed.”
F.2d

268,

273

(5th

Cir.

Unit

United States v. Perez, 651
A

Jul.

1981).

Ballesteros

identifies no authority, and we have found none, precluding the
use

of

the

same

translator

for

codefendants.

Rather,

other

courts have found, even in the context of multidefendant trials,
that

codefendants

are

not

entitled

to

separate

interpreters.

See United States v. Johnson, 248 F.3d 655, 662-63 (7th Cir.
2001).

Moreover,

we

find

no

support

Ballesteros’ assertions of prejudice.

in

the

record

for

Thus, we find no error,

plain or otherwise, on the basis of the interpreters used in
Ballesteros’ criminal proceedings.
Ballesteros’

pro

se

brief

asserts

various

additional

claims, which we conclude, upon a thorough review of the record,
entitle him to no relief.

In accordance with Anders, we have

reviewed the record in this case and have found no meritorious
issues for appeal.
and

sentence.

We therefore affirm Ballesteros’ conviction
This

court

requires

that

counsel

inform

Ballesteros, in writing, of the right to petition the Supreme
Court of the United States for further review.

If Ballesteros

requests that a petition be filed, but counsel believes that
such a petition would be frivolous, then counsel may move in
4

Appeal: 14-4702

Doc: 52

Filed: 05/20/2015

Pg: 5 of 5

this court for leave to withdraw from representation.

Counsel’s

motion must state that a copy thereof was served on Ballesteros.
We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

5