Page:United States Reports, Volume 542.djvu/116

Rh A federal grand jury indicted Dominguez on two counts: conspiracy to possess more than 500 grams of methamphetamine, and possession of 1,391 grams of a methamphetamine mixture, both with intent to distribute. On the conspiracy count, Dominguez faced a statutory, mandatory minimum sentence of 10 years, with a maximum of life. 84 Stat. 1260, 21 U.S.C. §§ 841(b)(1)(A), 846. The District Court appointed counsel, who began talking with the Government about a plea agreement.

In September 1999, the District Court received the ﬁrst of several letters from Dominguez, in which he asked for a new lawyer and expressed discomfort with the plea agreement his counsel was encouraging him to sign. On counsel's motion, the court held a status conference, at which Dominguez spoke to the judge. Again he said he was dissatisfied with his representation, and wanted a "better deal." The court asked whether he was "talking about a disposition other than trial," and Dominguez answered, "At no time have I decided to go to any trial." App. 46–47. Counsel spoke to the same effect later in the proceeding, when he said that he had "told [the prosecutor] all along that there won't be a trial on the [date set] based on my client's representations that he doesn't want a trial." Id., at 51. The court explained to Dominguez that it could not help him in plea negotiations, and found no reason to change counsel.

Shortly after that, the parties agreed that Dominguez would plead guilty to the conspiracy, and the Government would dismiss the possession charge. The Government stipulated that Dominguez would receive what is known as a safety valve reduction of two levels. See United States Sentencing Commission, Guidelines Manual §§2D1.1(b)(6),