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Wednesday, August 25, 2010

Ind. Decisions - One Indiana case today from 7th Circuit

In U.S. v. Quintero and Martinez (ND Ind., Lozzano and Moody). a 17-page opinion, Judge Kanne writes:

This consolidated appeal arises from a foiled bank robbery. The robber, Jorge Quintero, and his getaway driver and girlfriend, Claudia Martinez, challenge their sentences. Quintero pled guilty to all four counts in the indictment against him. Despite his plea agreement, the government declined to recommend a three-point reduction for acceptance of responsibility because he perjured himself and obstructed justice. Quintero argues, however, that a provision in his plea agreement required the government to recommend the reduction. Martinez was indicted on three counts and her case proceeded to trial. She contends that an erroneous jury instruction and an inaccurate computation of the Sentencing Guidelines made her sentence unreasonable. We dismiss Quintero’s appeal on waiver grounds and affirm Martinez’s conviction and sentence. * * *

Because we find that Quintero’s right to appellate review was properly waived, we DISMISS his appeal. We AFFIRM Martinez’s conviction and sentence because the district court did not err in giving jury instruction number twenty and the sentence imposed was not unreasonable.

Posted by Marcia Oddi on August 25, 2010 01:51 PM
Posted to Ind. (7th Cir.) Decisions