Darron Howard v. United States
743 F.3d 459
6th Cir.2014Background
- Howard pled guilty to felon-in-possession of a firearm under 18 U.S.C. § 922(g)(1).
- PSR assigned 13 criminal-history points, placing him in Category VI, due largely to juvenile offenses.
- District court sustained some objections and sentenced Howard to the statutory maximum of 120 months, based on a revised PSR.
- Howard later filed a § 2255 petition alleging ineffective assistance for failure to object to Paragraph 38’s two criminal-history points and for communication/investigation failures.
- District court denied the petition; on remand, evidentiary hearing occurred, focusing on whether Glen Mills confinement qualified as a sentence to confinement under § 4A1.2(d)(2)(A).
- Court of Appeals affirms district court’s denial, concluding objection to Paragraph 38 would have been futile and that no prejudice shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to object to Paragraph 38 was ineffective assistance | Howard argues two-point addition was erroneous and objection would have reduced history category. | Howard's counsel could not have established confinement; objection would fail. | No ineffective assistance; objection would have failed. |
| Whether counsel’s communication/investigation constituted deficient performance | Howard alleges counsel failed to communicate and investigate merits. | Counsel’s performance not deficient; prejudice not shown. | No deficient performance establishing prejudice. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)
- Harris v. United States, 204 F.3d 681 (6th Cir. 2000) (ineffective assistance for failure to object may be deficient performance)
- Wiggins v. Smith, 539 U.S. 510 (U.S. 2003) (duty to investigate; failure can render representation deficient)
- Pepper v. United States, 131 S. Ct. 1229 (S. Ct. 2011) (Pepper considerations for resentencing in § 3553 factors)
- Hanley, 906 F.2d 1116 (6th Cir. 1990) (commitment/sentence to confinement for confinement under § 4A1.2(d)(2)(A))