United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE
for consideration the motion of Roberto Carlos
Martinez-Mendoza, movant, to vacate, set aside, or correct
sentence under 28 U.S.C. Â§ 2255. The court, having considered
the motion, the government's response, the record in the
underlying criminal case, No. 4:18-CR-186-A, and applicable
authorities, finds that the motion should be denied.
record in the underlying criminal case reflects the
August 7, 2018, movant was named in a one-count indictment
charging him with illegal reentry after deportation, in
violation of 8 U.S.C. § 1326(a) and (b)(1). CR
1. On September 6, 2018, movant appeared before the court
with the intent to enter a plea of guilty to the offense
charged without benefit of a plea agreement. Movant and his
attorney signed a factual resume setting forth the elements
of the offense, the maximum penalty movant faced, and the
stipulated facts supporting movant's guilt. CR Doc. 16.
Under oath, movant stated that no one had made any promise or
assurance of any kind to induce him to plead guilty. Further,
movant stated his understanding that the guideline range was
advisory and was one of many sentencing factors the court
could consider; that the guideline range could not be
calculated until the presentence report ("PSR") was
prepared; the court could impose a sentence more severe than
the sentence recommended by the advisory guidelines and
movant would be bound by his guilty plea; movant was
satisfied with his counsel and had no complaints regarding
his representation; and, movant and counsel had reviewed the
factual resume and movant understood the meaning of
everything in it and the stipulated facts were true. CR Doc.
probation officer prepared the PSR, reflecting that
movant's base offense level was 8. CR Doc. 20, ¶ 14.
He received an eight-level enhancement because, before he was
ordered deported or removed the first time, movant was
convicted for a felony offense for which the sentence imposed
was two years or more. Id. at ¶ 15. He received
a two-level and a one-level reduction for acceptance of
responsibility. Id. at ¶¶ 21, 22. Based on
a total offense level of 13 and a criminal history-category
of III, movant's guideline range was 18 to 2 4 months.
Id. at ¶ 67. Movant filed an objection, CR Doc.
22, and the probation officer prepared an addendum to the
PSR. CR Doc. 24. On December 21, 2018, movant was sentenced
to a term of imprisonment of 3 0 months to be followed by
deportation. CR Doc. 33. Movant appealed, CR Doc. 35, and his
judgment was affirmed. United States v.
Martinez-Mendoza, 774 Fed.Appx. 260 (5th Cir. 2019).
of the Motion
asserts one ground in support of his motion. Doc. 1 at PageID
4. He says:
Because my indictment not allege a prior conviction, it
charged only a violation of § 1326(A) so my 30 months
sentence exceeds the 2 years statutory maximum.
Id. In support of this ground, he alleges:
My guilty plea was UNKNOWING and INVOLUNTARY because I
wasn't informed that the felony provision of 8 U.S.C.
1326 (B) (1) stated an essential elemnt [sic] of the offense
to which I was pleading, If I was informed I would ask my
lawer [sic] to guided [sic] me in a different way or maybe go
to trial, I know I did wrong actions in my past I know I have
to pay for what I did but if you can see in my criminal
background I paid for evrything ...