US v. Francisco Sanchez
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cr-00011-GMG-RWT-2 Copies to all parties and the district court/agency. .. [16-4311]
Pg: 1 of 4
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
FRANCISCO GASPAR SANCHEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Gina M. Groh, Chief
District Judge. (3:15-cr-00011-GMG-RWT-2)
February 17, 2017
March 9, 2017
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Sherman L. Lambert, Sr., THE LAW OFFICES OF SHERMAN L. LAMBERT,
SR., PLLC, Shepherdstown, West Virginia, for Appellant. Betsy
Steinfeld Jividen, Acting United States Attorney, Lara K.
Omps-Botteicher, Assistant United States Attorney, Martinsburg,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 4
Francisco Gaspar Sanchez appeals from his 121-month prison
sentence entered pursuant to a jury verdict finding him guilty
of conspiracy to distribute methamphetamine and possession with
contends that his attorney was ineffective for failing to timely
file objections to the presentence report (“PSR”).
Claims of ineffective assistance of counsel generally are
ineffectiveness conclusively appears on the face of the record.
United States v. Benton, 523 F.3d 424, 435 (4th Cir. 2008).
Baptiste, 596 F.3d 214, 216 n.1 (4th Cir. 2010).
To succeed on a claim of ineffective assistance of counsel,
constitutionally deficient, and (2) such deficient performance
Strickland v. Washington, 466 U.S. 668, 687
Id. at 688.
To satisfy the prejudice
Pg: 3 of 4
prong, Sanchez must show that “there is a reasonable probability
that, but for counsel’s unprofessional errors, the result of the
proceeding would have been different.”
Id. at 694.
Here, trial counsel admitted to overlooking the PSR due to
counsel’s inaction was not based on any strategic decision and
Moreover, for purposes of the appeal, the Government does not
challenge the conclusion that counsel’s performance fell below
an objective standard of reasonableness.
Turning to the prejudice prong, Sanchez does not examine
Sanchez simply concludes that “there exists sufficient evidence
on the record to conclude that there is a reasonable probability
that Sanchez would have received a lighter sentence had written
Procedure 28(a)(8)(A) requires that a brief must contain the
citations to the authorities and parts of the record on which
the appellant relies . . . .”
Failure to comply with this rule
Counsel appears to believe that the objections are not
part of the record on appeal, thereby preventing appellate
However, the objections are included in the record as
an addendum to the PSR.
Pg: 4 of 4
triggers abandonment of the claim on appeal.
Edwards v. City of
Sanchez has failed to flesh out his claims of prejudice and
provides no legal or factual support for the conclusion that
there is a reasonable probability that the objections in this
case, if considered, would have altered Sanchez’s sentence, we
conclude that Sanchez has waived consideration of the issue of
prejudice in this appeal.
As such, we dismiss the appeal without prejudice to Sanchez
raising the claim in a § 2255 motion, where the record can be
We dispense with oral argument because the
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?