DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092723P.pdf 08/23/2010 United States v. Soyner Umanzor
U.S. Court of Appeals Case No: 09-2723
and No: 09-2748
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Melloy, Author, with Loken and Bright, Circuit Judges]
Criminal case - Criminal law and sentencing. District court did not err
in imposing a leadership role enhancement under Guidelines Sec. 3B1.1
as the record showed defendant Esquivel-Menendez directed or
controlled defendant Umanzor's actions; defendant Umanzor did not
move to withdraw his guilty plea so he cannot challenge the voluntariness
of his plea for the first time in his direct appeal, and the issue should
be addressed in a Section 2255 petition; the quantity of drugs inherent in
defendant Umanzor's plea serves as the floor for any sentencing-related
quantity determinations. Judge Loken joins in part of the decision and
concurs in the result as to defendant Umanzor. Judge Bright, concurring.