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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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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