Garcia v. United States, 679 F.3d 1013

Garcia was convicted of distributing 50+ grams of methamphetamine and conspiring to distribute 500+ grams; district court sentenced him to 135 months.
On direct appeal, convictions were affirmed; Garcia moved under 28 U.S.C. § 2255 to vacate, alleging ineffective assistance of counsel.
Garcia's attorney admitted miscalculating Garcia's criminal history category, yielding a higher Guidelines range, which was discussed during plea negotiations.
Garcia rejected government plea offers that would require signing a factual basis stating he twice brought one pound of meth to Rapid City.
Garcia testified he never brought meth to South Dakota, and he argued he could not sign the factual basis; he could not prove he would have pleaded guilty but for counsel's advice.
The court held the record conclusively shows no entitlement to relief, so no evidentiary hearing was required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there Strickland prejudice from counsel's advice?	Garcia,
last name, contends he would have pled differently if correctly advised.	Garcia's counsel's miscalculation and advice prejudiced him, affecting plea decisions.	No reversible prejudice shown; record negates likelihood of favorable plea.
Did Garcia qualify for acceptance-of-responsibility based on open plea?	Garcia would have entered an open plea to the conspiracy count.	Open plea would not apply since grouped counts require pleading to all to receive reduction.	Not entitled to acceptance because open plea to one grouped count is insufficient.
Whether an evidentiary hearing was required on the § 2255 motion?	LW belief that hearing necessary to adjudicate claims of ineffective assistance.	Record conclusively shows no relief, so no hearing needed.	No evidentiary hearing required; record conclusively shows no relief.

Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
Engelen v. United States, 68 F.3d 238 (8th Cir. 1995) (hearing required unless record shows no entitlement to relief)
Kingsberry v. United States, 202 F.3d 1030 (8th Cir. 2000) (evidentiary hearing not required if record conclusively shows no relief)
Chesney v. United States, 367 F.3d 1055 (8th Cir. 2004) (prejudice requirement where defendant denies guilt at trial)
Sanders v. United States, 341 F.3d 720 (8th Cir. 2003) (denial of § 2255 relief without hearing when no willingness to admit guilt)
Lafler v. Cooper, S. Ct. (2012) (consider defendant's earlier willingness to admit responsibility in plea decision)
Wattree, 431 F.3d 618 (8th Cir. 2005) (grouped counts require pleading to all to receive acceptance-of-responsibility reduction)