Cory Williams v. United States
879 F.3d 244
| 7th Cir. | 2018Background
- Williams faced Hobbs Act robbery (2 counts), bank robbery (1 count), and firearm-brandishing (3 counts) with a 57-year minimum on §924(c) counts; plea deal reduced exposure to 18 years.
- Judge McCuskey and the government exchanged emails reviewing the plea, including the judge calling the deal “exceedingly fair” and saying, “Only a fool would refuse.”
- Williams pleaded guilty pursuant to the terms, and the magistrate judge accepted the plea with a sentence of 18 years.
- A year later, Williams moved under 28 U.S.C. § 2255 claiming Rule 11(c)(1) violated by judicial participation and alleging ineffective assistance of counsel for failing to raise the Rule 11(c)(1) issue and seek recusal; Judge Darrow denied without an evidentiary hearing.
- The Seventh Circuit affirmed, holding the Rule 11(c)(1) violation was harmless and the ineffective-assistance claim lacked prejudice; no hearing was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judge’s email communications violated Rule 11(c)(1) and due process. | Williams argues the judge’s participation coerced his plea. | Government asserts violation was harmless; plea still fair. | Harmless error; no due-process violation. |
| Whether counsel’s failure to raise the Rule 11(c)(1) issue and seek recusal was ineffective assistance. | Williams contends prejudice from deficient representation. | No reasonable probability of different outcome; favorable plea supersedes. | No prejudice; Strickland claim denied. |
Key Cases Cited
- United States v. Davila, 569 U.S. 597 (2013) (Rule 11(c)(1) violation; not per se due process violation)
- United States v. Kraus, 137 F.3d 447 (7th Cir. 1998) (Rule 11(c)(1) violation context)
- Timmreck v. United States, 441 U.S. 780 (1979) (Harmless-error standard for Rule violations)
- Warren v. Baenen, 712 F.3d 1090 (7th Cir. 2013) (Due-process standard for knowing, voluntary plea)
- Hill v. Lockhart, 474 U.S. 52 (1985) (Plea with prejudice and prejudice-prong standard (Strickland test))
- Bousley v. United States, 523 U.S. 614 (1998) (Procedural-default waivers and collateral review)
- Wood v. Milyard, 566 U.S. 463 (2012) (Waivers of procedural defects in collateral review)