David H. Swanson v. United States
2012 U.S. App. LEXIS 17747
7th Cir.2012Background
- Swanson was convicted after a three-week trial of fraud, tax, and money-laundering offenses.
- At sentencing, the PSR recommended a four-level § 3B1.1(a) enhancement for organizer-leader, yielding a 151–188 month range.
- Trial counsel filed written objections to the § 3B1.1(a) and other guidelines issues, twice addressing the enhancement but did not withdraw the objections.
- The first sentencing applied the 2001 guidelines; on remand for resentencing, the court used the 1998 guidelines due to Booker and kept the § 3B1.1(a) enhancement.
- Swanson challenged on appeal the handling of the § 3B1.1(a) objection; the court later allowed a § 2255 petition alleging ineffective assistance of trial counsel.
- The district court denied the § 2255 petition, and the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was objectively deficient for the § 3B1.1(a) objection. | Swanson | State argues no deficiency; objections were in writing and preserved | No; record shows objection was preserved and not waived. |
| Whether the § 3B1.1(a) objection was waived or forfeited at sentencing. | Swanson | Government’s position on waiver/forfeiture | No waiver; failure to re-argue did not waive the objection; forfeiture not established. |
| Whether Swanson suffered prejudice from any alleged ineffective assistance. | Swanson | Government | No prejudice; sentence would not have been lower absent the enhancement given independent justification. |
Key Cases Cited
- United States v. Swanson, 394 F.3d 520 (7th Cir. 2005) (remand considerations for Booker-era enhancements)
- Swanson v. United States, 483 F.3d 509 (7th Cir. 2007) (waiver/forfeiture discussion on § 3B1.1(a) issue in first appeal)
- Wyatt v. United States, 574 F.3d 455 (7th Cir. 2009) (strong presumption of reasonable professional assistance; standard for §2255 claims)
- United States v. Jones, 635 F.3d 909 (7th Cir. 2011) (ineffective assistance standard and prejudice inquiry)
- United States v. Holm, 326 F.3d 872 (7th Cir. 2003) (perfunctory and undeveloped objections may be waived on appeal)