7th Circuit: Attorney provided effective assistance to man facing drug charges

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The 7th Circuit Court of Appeals rejected a defendant’s argument that his trial attorney was ineffective because he failed to object to an interpreter arrangement during a witness’s testimony and chose not to have all of discovery translated into Spanish.

Gabriel Mendoza is serving a life sentence after being convicted of drug conspiracy and other drug offenses in federal court in South Bend. Attorney Mark Lenyo was appointed to represent Mendoza at trial. Mendoza wanted all discovery translated into Spanish, but given the volume of it, Lenyo instead summarized the discovery and had the court-appointed interpreter translate that for Mendoza.

Mendoza claimed in Gabriel v. Mendoza v. United States of America, 13-3195, 13-3196, that this decision, along with Lenyo’s failure to object to allowing one of Mendoza’s two court-appointed interpreters to move from the defense table closer to a witness to translate, resulted in ineffective assistance. Because Mendoza’s common-law wife Aurora Virruta also needed a translator and the court did not have one for witnesses, interpreter Ana Maria Toro-Greiner provided translation for Virruta while Susannah Bueno stayed at the defense table with Mendoza. Mendoza did not raise any concerns with this arrangement at trial.

The 7th Circuit affirmed the denial of Mendoza’s Section 2255 petition for relief.

“We have no reason to dispute the experienced trial judge’s credibility determinations. Given his findings that Leyno was ‘quite believable’ and Mendoza was ‘painfully unbelievable,’ there is no basis to think the judge made a mistake in finding that an interpreter was at the defense table during Virruta’s testimony. Because an interpreter was available to interpret communications between Mendoza and Lenyo at all times during Virruta’s testimony, Mendoza’s due process claim fails,” Judge John Tinder wrote.  

“Regarding counsel’s failure to object to the interpreter arrangement during Virruta’s testimony, Mendoza runs head-on into the district court’s finding that an interpreter was at the defense table and available to Mendoza for communications with counsel. Based on this finding, Mendoza’s rights were not infringed and Lenyo was not deficient in failing to object to the arrangement in which one interpreter was moved near the witness stand. But even if we were to find clear error in the district court’s finding as to the second interpreter’s location at the defense table, and assume that counsel was deficient in failing to object or ask for an alternative arrangement, such as multiple breaks during Virruta’s testimony, the claim still fails because Mendoza cannot show that counsel’s performance prejudiced the defense,” Tinder wrote.


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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...