131314P.pdf   01/31/2014  United States  v.  Abel Hernandez-Rodriguez
   U.S. Court of Appeals Case No:  13-1314
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Wollman, Author, with Colloton and Gruender, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in denying defendant's motion to withdraw his guilty plea based on a 
   claim of ineffective assistance of counsel as defendant failed to show 
   counsel's performance was deficient; counsel's decision to stipulate to 
   certain facts was a reasonable strategy based on the evidence in the case, 
   defendant's desire to take responsibility and counsel's belief that the 
   stipulation would help establish defendant's willingness to cooperate; 
   further, counsel made reasonable efforts to minimize the effect the 
   stipulation would have on a possible role enhancement; the district court 
   did not err in imposing an enhancement under Guidelines Sec. 3B1.1 for 
   role in the offense or in denying a reduction under Guidelines Sec. 3E1.1 
   for acceptance of responsibility, as the evidence established defendant 
   acted as a manager or supervisor of an offense involving five or more 
   persons and his attempt to withdraw his plea showed he had not accepted 
   his responsibility.