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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.