Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. — USA v. Rendon (Dkt. 93, S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:23-cr-20036-KMM · Doc. 93 · 2024-04-10 · Docket on CourtListener

Full text

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1381.(?.t 2
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MOTION U'JfDER 28 U.S.C. 5 2255 TO VACATE, Siél- ASJDE, OR CORRECF 
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SEXTENCE 1)Y A PERSON JN FEDERAL CUSTODY 
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United States District Ceurt 
District Florida southern District 
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x am e (-t2de-.,v)-i-l-,,--,,-'--.- co---,/crcl.,, 
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Docket or case x o.:
Daniela Rendon 
1:23-cr-20036-KMM(1)
Place of Confinelpent: 
Prisoner No.:
FCI Aliceva-lle 
07795-506
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G M CA 
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l$4ovar1t. S'nclude' '?t',?,c ,dadcr which convicte+ . 
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UNITED STATES OF A
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Daniela Rendon
FlLon ay u jv a c
M OTION 
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1. (a) Nmne and location of court which entered the judgment of conviction you aze challen ing: Al7g j g 2g2j
U.S . DISTRICT COURT SOIITKERN DISTRIG  OF FLORIDA 
Axclax :. Noaus
' 4OO NORTH MIAMI AVE 
CLERK U s asz cx
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. D. or /!.k, - UIAMI
MIAHI j FL.
(b) Criminal docket or case number (if you knowl: 1:23-cr-20036-K+  1
2. (a) Date of thejudgment of conviction (if you know): 
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(b) Date of sentencing: 08/17/2023
3. Length of sentence: 
il months
4. Naore ofcrime (allcounts):
WIRE FRAtD 18:1343 .F
MONEY IAUNDERING 18:1957-4700 .F
AGGRAVAIFD IDENTITY 
18:1028A .F
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(a) W hat was your plea. (Check onç) . 
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, (1)'.Not guilty 
' , (2) Guilty X . 
. . (3) Nolo contendeje (10, contest)
(b) lf you enteted a guilty plea to one count'or indictmenta and a not guilty plea to another count or .
what did you plead guilty to and what did you plead not guilty to? 
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WIRE FRAUD - GUILTY
MONEY LAUNDERING - N0T GUILTY
AGGRAVATED TDENTITY THEFr - N0T GUILTf
6. If you went to trial, what kind of trial did you have? (Check one) 
Jury 
Judge only
7. Did you testify at a pretrial hearing, trial, or post-trial hearing? 
Yes 
No x
8 Did you appeal from thejudgment of conviction? 
Yes X 
No
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 1 of 13

AO 24 3 (Ik-f.N'. 0 1 / 1 5)
' If you 'did appealp-ans'wer th'e folloNvfng: 
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(a) Name of court: .--UNITED STATEK COUR. T Q-FI-APPE-AJ-,S.-I. 
TRCLITT 
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b) Docket or cmse number (if you knowl: 
23-12924-F
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Result: Dènied
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(d') oate.of-result (ffyou kno 4): 03/27/2024
. (e) Citation to the case (if yQu lrnow): 
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(: Groundsraised:
changes to the sentencing guidelines merit a remand for the District court
to consider whether an adjustment to appel' lantls sentence is appropriate
with relation to the recently amended guidelines.
(g) Did you file a petition for certiorari in the United States Supreme Couro 
Yes 
No
If tfYes '' answer the followink:
(1) Docket or case number (if you knowl:
(2) Result:
(3) Date of result (if you knowl:
(4) Citation to the case (if you knowl:
(5) Grolmds raised:
Other th%  the direct appeals listed above, have you previously filed any other motionsa petitions. or applicationq,
concemin thisjud ment of conviction in any cotu't?
Yes 
N o
lf your answer.to Question 10 was T1Yes,'> give the following information:
(a) ( 1) Name of com't:
(2) Docket or qase ntlmber (if you knowl:
(3) Date of filing (ifyou knowl: 
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Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 2 of 13

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(6) . oicl you receive a hearirîg wh. ere evidence was given.on yotk motion, petition, or application?
Yes 
No
(7) Result'.
(s) Date of result (if you know):
(b) If you filed any second motion, petition, or application, give the same infonnation:
( 1) Name of court
(2) Docket of case number (if you knowl:
(3) Date of filing (if you knowl:
(4) Nature of the proceeding'.
(5) Grounds raised'.
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(6) Did you receive a heaiing where evidencc wà.s givdn on yoar motion. petition. or application?
Yes 
N o
(7) Result: 
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(8) Date of result (if you knowl:
(c) Did you appeal to a federal appellate court havilkjurijdiction over the actioh takeli'on yotlr motiona petitibn,
or application?
(1) First petition: 
Yes 
No
(2) Second pdition: 
Yes 
No
(d) lf you did not appeal from the action on any motiona petition, or application, explain briefly why you did not',
12. For this motion, state eve:y ground on which you claim that yot! are being held in violation of the Constitution,
laws, or treaties of tlle United States. Atlach additional pages if you have more than four grounds. State the facts
supporting each grourid.
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 3 of 13

AO 243 (Rev. 0 ) /1 5) 
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(a) Supporting facts (Do not argue or cite Jaw. Just statl tiae specific facts that suppol't your claim.lz
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The Attorney's coercion of the defendant to sign the plea deal under threat
of withdrawal by the Prosecutor, çoupled with the failure to inform the
defendant of valueable information to alleviate sentence. potentially consitutes'
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unconstitufional grounds for thé guilty pleà.
(b) Direct Appeal of Grqund One:
(1) If you appealed from thejudgment of convictionp did you raise this issue?
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Yes 
No
(2) If you did not raise this issue in yol.tr direct appeal, explain why: 
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Appeul attorney disregarded.
(c) Post-conviction Proceedings:
(1) Did you raise this issue in any post-conviction motion, petitionv or application?
Yes 
No
(2) If you Vswer to Question (c)(1) is *'Yes>'' state: 
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Type of motion or petition:
Nnme and Iocation of the courtwhere the motion pr petition was filed:
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Docke' t or case number (if yöu knoWl:
Date of the court's decision: 
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Result (atlach a copy of the court's opizzion or ordera if availablel:
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(3) Did you receive a heafing on yotlr motion, petition, or application?
Yes 
No X
' 4 D' id you appeal from the deniqi of yotzr motion, petition, or a'ppliçation?
( ) 
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Yes 
N o
(5) If your answer to Quàstion (c)(4) is tiYesa'' did you raise the issue in the appeal?
Yes 
No X
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 4 of 13

(7) If your answer to Question (c)(4) or Question (c)(5) is ZWo,'' explain why you did not appeal or raise this
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issue:
GROUND TYP0: Ineffective Assistance of Counsel
(a) supporting facts (Do not argue or cite law. Just stte the specific facts that support your claim.):
The Attorney's failure to adequately investigatq the case, provide meapingful
copsultation, control the narrative, and address significant sentencing disparities
suggests a pattern of ineffective assistancè of counsel, warranting further legàl.
review.
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(b) Direct Appeal of Ground Two:
(1) lf you appealed f'rom thejudgment of conviction, did you raise this issue?
Yes 
No X
(2) lf you did not raise this issue in your direct appeal, explain why:
(c) Posf-convicffon Proceedings:
(1) Did you raise this issue in any post-conviction motiona petitiona or application?
Yes 
N o
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 5 of 13

Docket of case number (if you know): '
Date of the cotul's decision:
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Result (attach a copy of the éourt'; opinion or order, if availablel'. 
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(3) Did you receive a hearing on your motion, petftion, or application? 
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Yes 
No
Did you appeal from the denial of yottr motion, petitiona or application?
Yes 
No X
If your answer to Question (c)(4) is <<Yes>'> did you raise the issue in the appeal?
Yes 
No X
(6) If your answer to Question (c)(4) is <iYes,'' state:
Nnme and location of the court where the appeal was filed:
Docket or case number (if you know): 
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Date of the court's decision: 
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Result (attach a copy of the çourt's opinion or order, if availablel:
(7) lf yotlr answer to Quistion (c)(4) or Question (c)(5) is %<N'0,'7 explain why you did not àppeal or raise this
issue:
GROUND THREE: Ne li ence Bad Behavior and Inadequate Advice. ,
(a) Supporting facts (Do not m'g'ue or cite law. Just state th.e specific facts that suppoM your claim.):
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1i ence constant excuses, absence, failure to communicate
The attorney s neg g 
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and oversight of critical aspects of the case, as well as providing inadequate
advice about the plea agreement, demonstrate a lack of diligence and fidùciary
duW .
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 6 of 13

(b) Direct Appesl of Ground Three:
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(1) lf you appealed from thejudgmeht of conviction, did you raise this iss'ue?
Yes 
No X
(2) If vou did not raise this fssue in your direct appeala explain why:
(c) Pcst-convicficn Proceedings:
(1) Did you raise this issue in any post-conviction motion, petitiono or application?
Yes 
N o
(2) If you answer to Q uestion (c)( 1) is *iYes,7' state:
Type of motion or petition:
Name and location of the court w here the motion or petition was filed:
Docket or case number (if you knowl:
Date of the court's decision: 
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Result (attach a coov of the coprt's Qoinion or order- if availablel:
(3) Did you receive a hearing on yotlr motion, petitiona or applibation? 
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Yes 
No
. (4) Did you appeal from the denial of your motion, petjtion, or applicqtion? .
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Yes 
No . X ' 
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If yotlr answer to Question (c)(4) is '*Yes,'' did you faise the issue in the appeal? ''
Y es' 
No X
. (6) lf your answer to Question (c)(4) is '6Yes,'* state:
N am e and Iocation of the court where the aopeal was filed: '
Date of thc court's decision:
Result (attach a copy of the court's opinion or order, if availablel:
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 7 of 13

GROUND FOUR:
(a) Sup'porting facts (Do not argue ér cite law. Just state the spec'ific facts that support your claim.l:
The attorney's failpre to advocate for the defendant's interesté, exjlore trial
options, object to pre-sentence reports and con/ider personal circumstances such
as child care arrangements, coupled with the failure to facilitate the return of
surrendered documents, indicates a failure to fulfill fiduciary duties and
wqrrants further legal scrutiny.
(b) Direcf Appeal of Ground Four:
(1) lf you àppealeà from thejudgment of conviction, did you raise this issue:
Yes 
N o X
(2) If you did not raise this issue in your direct appeal, explain why:
(c) Post-conviction Proeeedingà:
(1) Did you raise this issue in any post-conviction motion, petition, or application?
Yes 
No X
(2) lf you answer to Question (c)(1) is fKYes,'7 state:
Type of m otion or petition'. 
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Name and locatior.of-the coul't where the motion or petition was filed:
Docket or case number (if you knowl: 
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Date of the court's dccision:
Result (attach a copy of the court's opinion or ordèr, if available):
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 8 of 13

A (J .'? 4 3 ( ) ). t' v . O 1 / 1 5)
Dfd you reccfve a hearil-kg -03) your m of ion, petitionp or a-pplication?
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Yes 
No X
D id you appeal from the denial of your motion', petition, or application?
Yes 
No X
Jf yôur answer to Question (c)(4) is 'iYej,'' did you raise the issue in the appeal?
X
Yes 
No
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(6) .1f yotlr answer to Ques'tion (c)(4) is 'iàresaD? state:
Name and location of the court where the appeal was filed:
Docket or case number (if you knowl:
Date of the court's decision:
Result (attach a copy of the court's opinion or order, if available):
(7) If yotlr answer to Question (c)(4) or Question (c)(5) is 'Wop'' explqin why you did not appeal or raise this
issue:
ti 
d in this motion' that you have not previously presented in some federal cburt? If so which
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Is ere any groun 
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ground or grounds have not been presented, and state your reasons for not presenting them :
14. Do you have any motion, petition, or appeal now nendin: (filed and not decided yet) in any court for the
you are challenging? 
Yes 
No
If ''Yes,'> state the name and location of the courta the docket or case num ber, the type of proceedfng, and the
fssues raised.
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 9 of 13

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) 5. C ive the nam e apd ad
. dress, if known, of each atlorney who representcd you in Jhe following stagcs of tlae
. vou are claallencinc: 
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(a) At the prelimlnan? hearing: 
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Rabin, Jr . Sapu-el Joseph. 
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(b) At the arraignment and plea:
Mandell, Rober 
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(c) At the trjal: 
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(d) Atsentencing: 
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Mandell, Robert Ian 
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(e) On appei:
O'Donnell, Sonia E.
(9 In any post-conviction proceeding'.
0 î Donnell, Sonia E. 
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(g) On appeal from any l'uling against you in a post-conviction proceeding:
O'Donnell, Sonia E.
l6. W ere you sentenced on more than one court of arl indictment, or on more than one indictment, in the sam e court
and at the snme time? 
Yes' 
No
17. Do you have any future sentence to sel've after ou complete the sentence for the judgment that you are
hallbnging? 
Yes 
No X 
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(a) lf so, give nnme and location of court that imposed the other sentence you wvill serve in the future:
(b) Give the date the other sentence was imposed:
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' (c) Gike the length of thé othersentence: 
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(d) Have ypu filed, or do you plan to ftle, any motion, petition, ör applicktion that chàllehges fhejudjment or 
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in the f'uture? 
Yes X 
No
sentence to be served
18. TIMELINESS OF MOTION.' lf yotlrjudgment of conviction became final over one year ago, you must explain
why the one-year statute of limiGtions as contained in 28 U.S.C. j 2255 does not bar your fnotion.*
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 10 of 13

.1% (g 7.4 :.ï ( l.xev . 0 1 / 1 5)
1 The Antiterrorism and Effectike Death Penalty Act of1996 CAEDPA''I as contained in'28 U.S.C. j 2255,
paragraph 6, provides in parl that:
A one-yeaz period of limiution shall apply to â motion lmder this section. The limitation period shall run
f'rom the latqst of -
t1) the datg on which theju'dgment o' f convictiop becnmè finpl;
i h the impedimqnt to' making a motion created by govprnm' entzl action in violàtion f
(2) tlw date on.ph c 
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th Constftutfon or laws of thc United states js rcmoved if the mo'kant wa-s'prevented f'rom making oucà a
e 
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m otion by such govermnental action; 
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(3) the date on which the right asserted wms initially recognized by the Supreme Court if that right has
been newly recognized by the Supreme Cou:t and made retroactively applicabie to cases on collateral
review', or
(4) the date on which the facts supporting the claim or claims presented could have been discovered
tkough the éxercise of due diligence. 
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Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 11 of 13

' signature of Attorney (if anq)
1 declare (or certify, verify, or state) gnder penalty of perjury that the foregofng is tnle and conzct and that this 'Motion
ison mailingsyste.p on N m--c u 2,0 qo zu
under 28 U.S.C. j 2255 was placed in the pr 
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(month, date, year)
po 
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Apûa.t- &- 20z 
(date)
Executed (signed) on
ov
If the person signing is not movant'state relationship to movant and explain why movant is not sir ing this motion.
Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 12 of 13

Case 1:23-cr-20036-KMM   Document 93   Entered on FLSD Docket 04/11/2024   Page 13 of 13

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