Siri-Reynoso v. United States

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STIVEN SIRI-REYNOSO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Nos. 21 CV 11009 (CM), S6 17Cr.418(CM)

United States District Court, S.D. New York

January 3, 2023

DECISION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT HIS CONVICTION AND SENTENCE

MCMAHON, J.

Defendant Stiven Siri-Reynoso was convicted after a jury trial of racketeering conspiracy (Count One), narcotics conspiracy (Count Two), murder in aid of racketeering (Count Three), and murder through use of a firearm (Count Four).^[1] On February 25 2019, the Court sentenced Siri-Reynoso to life plus five years' imprisonment: 20 years' imprisonment on Count One, 20 years' imprisonment on Count Two, life imprisonment on Count Three, and five years' imprisonment on Count Four, with the terms on Counts One, Two, and Three to run concurrently to each other, and the term on Count Four to run consecutively.

Before the Court is Siri-Reynoso's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 filed on December 19, 2021 (Dkt. #156), supplemented on February 11, 2022 (Dkt. #158). Siri-Reynoso argues inter alia that that his convictions and sentences should be vacated because: (1) the evidence at trial was insufficient to support his conviction, (2) his attorneys provided ineffective assistance before and during trial, (3) his cell-site information was obtained in violation of the Fourth Amendment, (4) the Government engaged in misconduct, and (5) the Court engaged in misconduct. In his Supplemental Petition, Siri-Reynoso argues that: (1) his conviction under § 924(j) must be vacated pursuant to United States v. Davis, 139 S.Ct. 2319 (2019), and (2) trial counsel was ineffective for additional reasons.

The Government asks the Court to deny the motion arguing that the motion is untimely, procedurally barred and meritless. In a reply memorandum entitled "Traverse to the Government's Answer," Siri Reynoso expands on the arguments he made in his original motion.

Background

The Government's evidence at trial established inter alia that: Siri-Reynoso was a longtime member of the DDP ("Dominicans Don't Play") gang which sold drugs, committed robberies, and engaged in other racketeering activity, in and around the John Adams Houses, in the Bronx, New York. See Trial Transcript, Dkt. ##68-96 ("Tr.") at 97-98,102-04, 121-27, 179-80, 413-15, 598-99, 966-88, 947,1075-79, 1092-93, 1099-1102 (testimony about Siri-Reynoso's offense conduct); see also, e.g., Id. at 103-08, 203-04, 408,414- 15, 513-18, 530-43, 592-94, 822-23, 994-98, 1008-09,1096, 1104-09, 1114 (testimony about DDP members, colors, signs, rules, meetings, and racketeering acts).

Regarding the murder at the center of this case, the trial evidence established that the DDPs had an ongoing rivalry with another Dominican gang known as the "Trinitarios," which also sold drugs and committed crimes around the John Adams Houses. See Id. at 107, 515-19, 523-24, 529, 549-54, 558, 823-24, 1006-08, see also, id. at Tr. 408,410, 418-20, 751, 850-51. On the night of June 11, 2016, a group of Trinitarios threatened Siri-Reynoso with a knife as he and another DDP member, Adonis Ruiz, were walking to the apartment of yet another gang member and his ex-wife, Ana Tiburcio. See Tr. at 153-56,425. When Siri- Reynoso and Ruiz reached the apartment, they met Xavier Hernandez another DDP member and Siri-Reynoso's sixteen-year-old cousin, Wandy Tejada. Bent on retaliating against the Trinitarios for pulling a knife on him, Siri- Reynoso ordered his young cousin to go down to the John Adams Houses courtyard and shoot at the Trinitarios, and to look for and target particular Trinitarios. See Id. at 152-56, 410-11. Siri-Reynoso instructed Hernandez to give Tejada a black sweatshirt and a gun, and to make arrangements for two other DDPs-Fausto Torres and Luis Nunez-to drive Tejada away from the shooting scene. See Id. at 155-60, 168, 426, 596-600, 605-09, 692-95.

Tejada dutifully obeyed his older cousin. He left the apartment with the gun, walked over to courtyard, and shot at the Trintarios gathered there. As fate would have it, Tejada missed his intended targets, but instead hit an innocent bystander, Jessica White, killing her as her three young children and her mother looked on. See Id. at 73-74, 160-62, 1196; GX 109A-D. Tejada ran as planned to Torres's car, and fled the area. See Tr. at 165-69; GX 109C. In the car, Nunez showed Tejada a photograph of one of the rival Trinitarios and asked if Tejada had shot that person. See Tr. at 169.

The jury returned a verdict finding Siri-Reynoso guilty on Counts One through Four and not guilty on Counts Five through Seven. With respect to the racketeering conspiracy charged in Count One, the jury found that the Government had proven one act involving murder or attempted murder, multiple acts involving narcotics trafficking, one act involving robbery under New York state law, and no acts of Hobbs Act robbery. Id. On Count Two, the jury found that the Government had proven that the narcotics conspiracy involved oxycodone and marijuana, but not alprazolam. Id. On Count Three, the jury found that Siri Reynoso caused the murder of Jessica White, in aid of racketeering. On Count 4, the jury concluded that Siri Reynoso caused the murder of Ms. White through the use of a firearm, that was in connection with drug trafficking and racketeering murder.

Siri-Reynoso filed a counseled motion for a judgment of acquittal or a new trial, wherein he argued that: (1) the Court should enter a judgment of acquittal or grant him a new trial on the murder counts because the evidence was insufficient to support the jury's verdict, and (2) an individual who was not on the jury throughout trial replaced one of the empaneled jurors and then read the verdict. Dkt. #99. Siri- Reynoso also separately sent the Court a document listing various alleged discrepancies in the evidence and instances of alleged misconduct on the part of the Government and law enforcement. Dkt. #102. The Court denied all of Siri-Reynoso's post-trial motions, finding that they all lacked merit. Dkt. #108.

On February 25, 2019, the Court sentenced Siri-Reynoso to life imprisonment plus five years to run consecutively. Dkt. #13.

Siri-Reynoso appealed his conviction on the grounds that: (1) the Government failed to disclose a letter from one of its cooperating witnesses until the jury was already deliberating, in violation of Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972); (2) the Government violated United States v. Massiah, 377 U.S. 201 (1964), by offering testimony from a cooperating witness who was housed in the same jail as Siri-Reynoso; (3) the evidence was insufficient to support his convictions for racketeering, murder in aid of racketeering, aiding and abetting a murder, various firearms offenses, and conspiring or intendine to distribute controlled substances.

See 2d Cir. No. 19-516, Dkt. #63. In a summary order dated April 6, 2020, the Second Circuit affirmed the conviction, holding, in relevant part:

On review of the record before us, we conclude that Siri-Reynoso's sufficiency challenge is meritless. We do so for substantially the reasons given by the District Court with respect to Counts Three and Four in its January 11, 2019 'Ruling on Defendant's Post-Trial Motions.' The Government presented sufficient evidence at trial in support of all four counts of conviction, which included, but was not limited to, evidence about: Siri-Reynoso's direct involvement in the sale of oxycodone and marijuana; his membership in, and association with, the Dominicans Don't Play ("DDP") racketeering enterprise; DDP's rivalry with the Trinitarios; Siri-Reynoso's direction to his cousin (Tejada) to shoot at his gang rivals resulting in the murder of an innocent bystander (Jessica White) and the arrangement for Tejada's get-away car; Siri-Reynoso's posts in social media bragging about DDP's presence in disputed gang territory shortly after White's death; and the involvement of DDP members in White's murder, narcotics trafficking, and a robbery that Siri-Reynoso committed in 2009.

United States v. Siri-Reynoso, No. 19-516, 807 Fed.Appx. 103, 105-06 (2d Cir. 2020). Siri-Reynoso did not petition for a writ of certiorari, and his conviction became final 90 days later on July 5,2020.

Habeas Standard

Under 28 U.S.C. § 2255, a habeas petitioner can obtain relief from a final judgment only if he can show "a constitutional error, a lack of jurisdiction in the sentencing court, or an error of law or fact that constitutes 'a fundamental defect which results in a complete miscarriage of justice.'" Graziano v. United States, 83 F.3d 587, 589, 90 (2d Cir. 1996) (quoting United States Bokun, 73 F.3d 8, 12 (2d Cir. 1995)). "The reasons for narrowly limiting the relief permitted under § 2255-a respect for the finality of criminal sentences, the efficient allocation of judicial resources, and an aversion to retrying issues years after the underlying events took place-are 'well known and basic to our adversary system of justice.'" Bokun, 73 F.3d at 12 (quoting United States v. Addonizio, 442 U.S. 178, 184 & n.l 1 (1979)). Although pro se petitioners are entitled to have their pleadings liberally construed, see Green v. United States, 260 F.3d 78, 83 (2d Cir. 2001), they also still bear the burden of proving, by a preponderance of the evidence, that they are entitled to relief, see Triana v. United States, 205 F.3d 36, 40 (2d Cir. 2000).

Siri-Reynoso's Petition Is Untimely

As a threshold matter, Siri-Reynoso's petition was filed after the time period allowed for the filing a petition pursuant to 28 U.S.C. § 2255.

Under 28 U.S.C. § 2255, habeas petitioners must...