436 F. App'x 870
10th Cir.2011Background
- David Christian, pro se, challenges §2241 habeas denial in district court.
- Christian pleaded guilty in a military court to multiple acts of sexual misconduct with underage females.
- Plea and sentence were limited to 15 years, with belief that life without parole could be max punishment.
- CAAA reviewed conviction; CAAF held life without parole authorized and plea provident.
- CAAF also found defense counsel not ineffective for not seeking credit for pre-trial confinement.
- Petition filed while incarcerated at Fort Leavenworth; district court denied, petition later affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty plea was informed and voluntary. | Christian contends plea was improvident. | Military courts found plea provident and properly informed. | Not favored; military courts properly considered plea validity. |
| Whether counsel was ineffective for advising life without parole as maximum. | Christian argues counsel misled him about max punishment. | CAAF concluded life without parole was authorized; no ineffective assistance. | No ineffective assistance; information deemed correct at the time. |
| Whether applying life without parole violated ex post facto principles. | Christian claims ex post facto invalidity. | Life without parole was an authorized sentence at offense time. | Not unconstitutional as ex post facto. |
| Whether counsel was ineffective for not seeking credit for pre-trial confinement and advising waiver. | Credit for pre-trial confinement should have been pursued. | CAAF found trial counsel reasonably decided not to seek credit; tactical choice. | Not ineffective; reasonable tactical decision. |
Key Cases Cited
- Ackerman v. Novak, 483 F.3d 647 (10th Cir. 2007) (§ 2241 challenges to military convictions permitted; deferential review of military proceedings)
- Prost v. Anderson, 636 F.3d 578 (10th Cir. 2011) (§ 2241 is norm when challenging court-martial results)
- Burns v. Wilson, 346 U.S. 137 (1953) (limits of federal review of military decisions)
- Thomas v. U.S. Disciplinary Barracks, 625 F.3d 667 (10th Cir. 2010) (full and fair consideration standard for military claims)
- Lips v. Commandant, U.S. Disciplinary Barracks, 997 F.2d 808 (10th Cir. 1993) (full and fair consideration standard emphasis)
- Spencer v. Kemna, 523 U.S. 1 (1998) (collateral consequences sustain mootness considerations)
- United States v. Christian, 63 M.J. 205 (C.A.A.F. 2006) (CAAF: life without parole authorized; plea provident; no ineffective assistance on credit issue)