United States of America v. Gregory Jojola

Albuquerque, New Mexico criminal defense lawyer represented defendant charged with three counts of assault of an intimate partner.





Defendant pled guilty to three counts of assault of an intimate partner. While on methamphetamine, he assaulted his partner by striking, strangulation, and sexual assault[1] which caused serious bodily injury in the presence of his young children. Under the U.S. Sentencing Guidelines, Defendant's sentencing range is between 46 to 57 months. Defendant requests a downward variance. See Doc. 80, Doc. 81. The Court held hearings on November 24, 2021 and March 17, 2022 on Defendant's Sentencing Memorandum in Support of a Downward Variance (Doc. 81). At the hearings, Defendant-an enrolled member of the Pueblo of Isleta-argued that a downward variance is warranted based on the disparities in the sentences given to "Indians”[2]for aggravated assault in New Mexico state and federal courts. He argued that if this Court does not consider the fact that he would have received a lower sentence for assault had he been sentenced in state court, his Equal Protection rights will be violated. Alternatively, he argued that the Court has discretion to consider the disparity under U.S.S.G. § 5K2.0(a)(2) and when assessing the sentencing factors of 18 U.S.C. § 3552(a).

In sum, Defendant has failed to prove the existence of a sentencing disparity between Indians in federal court and non-Indians in state court charged with the relevant assault statutes. Without proof of a disparity, this Court cannot conclude that his Equal Protection rights were violated, nor can it use its discretion to grant a variance based on U.S.S.G. § 5K2.0(a)(2) or § 3553(a). For the foregoing reasons, the Court DENIES Defendant's request for a downward variance.