Adam Kennedy v. United States
2014 U.S. App. LEXIS 11836
| 6th Cir. | 2014Background
- Kennedy was under investigation for drug trafficking when his first attorney informed him he could reduce sentencing exposure by pleading guilty to an information.
- Kennedy consulted a second attorney who promised to beat the government’s case, leading Kennedy to switch counsel.
- After switching, Kennedy heard the new attorney say the government might be bluffing and decided not to negotiate a guilty plea.
- The government indicted Kennedy on multiple drug-trafficking, firearms, and money-laundering charges and he was caught accepting a marijuana shipment.
- Kennedy ultimately changed lawyers twice more and pled guilty, receiving a below-guidelines sentence of 180 months.
- Kennedy moved under 28 U.S.C. § 2255 to vacate the sentence, arguing he would have accepted a preindictment plea if not for ineffective assistance by the second attorney, but the district court denied relief based on Moody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moody controls the availability of a Sixth Amendment right to counsel for preindictment plea negotiations | Kennedy argues Frye/Lafler suggest broader protection | Moody remains controlling law; no Sixth Amendment right at preindictment stage | Moody remains good law; right not extended to preindictment pleas |
Key Cases Cited
- Massiah v. United States, 377 U.S. 201 (U.S. 1964) (postindictment interrogation)
- United States v. Wade, 388 U.S. 218 (U.S. 1967) (postindictment lineups)
- Missouri v. Frye, 132 S. Ct. 1399 (S. Ct. 2012) (postindictment plea negotiations; right to counsel recognized)
- Lafler v. Cooper, 132 S. Ct. 1376 (S. Ct. 2012) (right to counsel in plea negotiations; no erasure of line between pre/post-indictment)
- Gouveia, 467 U.S. 180 (U.S. 1984) (right to counsel attaches with initiation of adversary proceedings)
- Montej o v. Louisiana, 556 U.S. 778 (U.S. 2009) (extends right to counsel to critical stages)
- Moody v. United States, 206 F.3d 609 (6th Cir. 2000) (binding decision that no Sixth Amendment right to counsel preindictment)