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7th Circuit affirms sentences for bank robbing couple

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The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions, finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.

Jorge Quintero and Claudia Martinez were indicted on charges of bank robbery by force, violence or intimidation, discharge of a firearm in relation to a crime of violence, and knowing possession of a firearm and ammunition as an illegal alien. Quintero was also charged with unlawful entering and Martinez was charged with remaining in the U.S.

Martinez drove Quintero to the bank and parked her van in an adjacent parking lot. She claimed to not know he was going to rob the bank, but after Martinez jumped in the van after robbing the bank, he had a gun, mask, and money and she led police on a chase before crashing. Next to her in the front seat was a ski mask, wig in a purse, and a gun.

Quintero pleaded guilty to all charges and was supposed to receive a three-point deduction in his sentence for accepting responsibility, but the probation office revised his pre-sentence investigation report and removed the reduction after he perjured himself at Martinez’s trial. It also included a two-point enhancement for obstruction of justice.

In United States of America v. Jorge Quintero, a/k/a Samuel Munoz and Claudia Andrade Martinez, Nos. 09-2715, 09-2788, Quintero argued the government breached the terms of the plea agreement. The 7th Circuit judges found Quintero waived his right to appeal. Even if he hadn’t agreed to a waiver of appeal in his guilty plea, it was Quintero who first broke the terms of the agreement when he perjured himself at Martinez’s trial and obstructed justice.

“Quintero made his own bed by choosing to commit perjury, no matter his alleged intentions, and now he must lie in it,” wrote Judge Michael Kanne.

Martinez challenged her convictions and sentence, claiming the District Court erred by providing instruction No. 20 on the issue of accomplice liability to the jury over her objection. She argued instruction No. 19 conflicted with No. 20, misstated the law, misled the jury, and prejudiced her.

Instruction No. 19 was a typical aiding and abetting jury instruction; No. 20 said if a person knowingly assists in the escape phase of a bank robbery, she is guilty of aiding and abetting bank robbery, even if she is unaware of the bank robbery until she begins assisting in the escape phase of the bank robbery. Driving a getaway car is participating in the escape phase of a bank robbery.

She believed the instructions conflicted because No. 19 exculpates a person that provides assistance but has no knowledge of the crime. But the judges agreed with the government that the jury instructions were correct statements of the law.

“Because Martinez knowingly and willfully participated in the escape phase of the bank robbery by driving the car in an obvious ‘getaway’ fashion, and thereby becoming, if she was not already, a principal in the crime, the district court did not err by giving instruction twenty to the jury,” wrote Judge Kanne.

The judges also upheld her sentence that was enhanced for discharge of a firearm, even though she wasn’t convicted on that count.

“Taking all of the evidence of events leading up to the robbery, the robbery itself, the escape phase, and the materials later found in the van—including a second loaded handgun—the district court was reasonable in concluding that Quintero’s firing of the gun could be attributed to Martinez as an aider and abettor,” wrote the judge.
 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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