Christopher McCoy v. United States, 2016 U.S. App. LEXIS 3947

Christopher H. McCoy was indicted in the Southern District of Illinois on five child‑pornography–related felony counts and pled guilty to all counts before a U.S. Magistrate Judge after consenting under Rule 11.
Local Rule 72.1(b)(2) then authorized magistrate judges in that district to accept felony guilty pleas with party consent; the plea was a full acceptance by the magistrate (not a report-and-recommendation).
The district court later sentenced McCoy to 327 months; this court affirmed on direct appeal and the Supreme Court denied certiorari.
McCoy filed a §2255 motion alleging ineffective assistance of counsel and insufficient factual basis; the district court denied relief after a hearing.
After this court decided United States v. Harden (758 F.3d 886), holding magistrates lacked authority to accept felony pleas under the Federal Magistrates Act, McCoy sought to raise that ground; the Seventh Circuit granted a certificate of appealability to address default and relief issues.
The Seventh Circuit held McCoy procedurally defaulted the Harden‑based claim because Harden issued before the §2255 hearing and thus the claim was reasonably available, so McCoy failed to show cause and prejudice to excuse default; the district court’s dismissal was affirmed.

Issue	Plaintiff's Argument (McCoy)	Defendant's Argument	Held
Whether McCoy may raise for the first time on appeal the claim that a magistrate judge lacked authority to accept his felony guilty plea	Harden created a novel, unavailable legal basis; thus McCoy had cause for not raising it earlier and need not show prejudice because the error is structural	Claim was defaulted because Harden was issued before the §2255 hearing and the legal basis was reasonably available during district proceedings	Court held McCoy procedurally defaulted the claim; Harden was available before the §2255 hearing, so McCoy failed to show cause and prejudice and relief was denied

United States v. Harden, 758 F.3d 886 (7th Cir. 2014) (held magistrate judges lack authority under the Federal Magistrates Act to accept felony guilty pleas)
Reed v. Ross, 468 U.S. 1 (1984) (argument is excused as "novel" if legal basis was not reasonably available at earlier stages)
Bousley v. United States, 523 U.S. 614 (1998) (procedural default requires showing cause and prejudice to obtain collateral review)
Pierce v. United States, 976 F.2d 369 (7th Cir. 1992) (issues not presented to the district court generally cannot be raised for the first time on appeal in §2255 context)
Sandoval v. United States, 574 F.3d 847 (7th Cir. 2009) (claims that could have been raised on direct appeal cannot be raised first in §2255)
United States v. Benton, 523 F.3d 424 (4th Cir. 2008) (prior circuit authority upholding magistrate acceptance of felony pleas)