909 F. Supp. 2d 313
S.D.N.Y.2012Background
- Edward Garafola, pro se, seeks §2255 relief and discovery related to his life sentence.
- Garafola pleaded guilty to RICO conduct involving Garofalo murder, extortion, and Gravano conspiracy under a Plea Agreement waiving direct and collateral appeals.
- Judge Casey accepted the guilty plea; Garafola later moved to withdraw portions of the plea; Judge Casey denied, and the Second Circuit affirmed denial.
- This SDNY court-held waiver barred most §2255 claims; ineffective assistance survives only to the extent it challenges the plea’s knowing and voluntary nature.
- The court rejected Garafola’s challenges to prosecutorial misconduct, recusal, and trial counsel based on waiver, default, and lack of merit; discovery request denied.
- Garafola was sentenced to a life term based on Racketeering Act Two; the court explained the continuing nature of the RICO offense and guideline application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of §2255 rights enforceability | Garafola challenges waiver validity and seeks §2255 relief. | Waiver bars collateral attacks and is enforceable when knowing and voluntary. | Waiver enforceable; most claims barred |
| Procedural default and actual innocence | Claims should be excused due to actual innocence or new evidence. | Defaults cannot be overcome except for surviving ineffective-assistance claims; actual innocence rejected. | Procedural default applies; actual innocence not shown |
| Ineffective assistance of trial counsel | Counsel advised guilty plea despite innocence and failed to investigate innocence/conditions of confinement. | No prejudice; plea knowing and voluntary; other arguments lack merit. | Ineffective-assistance claims denied; only potential sufficiency of plea remains |
| Prosecutorial misconduct | Government knew evidence was unlawfully insufficient and violated the plea agreement. | Prosecution had basis for charges; no breach shown; arguments lacking merit. | Prosecutorial misconduct claims rejected |
| Judicial recusal / abuse of discretion | Judge Casey should have recused sua sponte due to alleged conflicts. | No substantial basis for recusal; appearance of partiality insufficient. | Recusal claim waived and/or lacking merit; no reversible error |
Key Cases Cited
- United States v. Lee, 523 F.3d 104 (2d Cir.2008) (plea waiver of appellate rights enforceable)
- United States v. Morgan, 406 F.3d 135 (2d Cir.2005) (waivers of collateral attack valid when knowing and voluntary)
- Garcia-Santos v. United States, 273 F.3d 506 (2d Cir.2001) (per curiam; waiver of collateral attack generally valid)
- United States v. Gomez-Perez, 215 F.3d 315 (2d Cir.2000) (knowing and voluntary waiver; exceptions limited)
- United States v. Salcido-Contreras, 990 F.2d 51 (2d Cir.1993) (per curiam; waiver considerations in collateral attacks)
- Massaro v. United States, 538 U.S. 500 (2003) (ineffective-assistance claims may be brought in §2255 post-plea)
- Yick Man Mui v. United States, 614 F.3d 50 (2d Cir.2010) (ineffective-assistance standards in collateral review)
- Parisi v. United States, 529 F.3d 134 (2d Cir.2008) (ineffective-assistance survives plea challenges when about counsel advice)