Gilbert Spiller v. United States, 2017 U.S. App. LEXIS 7611

In 2011 Gilbert Spiller sold 121 grams of crack cocaine and later sold a loaded .40 cal. handgun to a known felon; he was indicted on two drug counts (21 U.S.C. § 841) and one firearms count (18 U.S.C. § 922(d)(1)).
The government filed a § 851 notice seeking an enhanced mandatory minimum based on three prior drug felonies.
The government proffered a plea draft: Spiller would plead to one count, acknowledge relevant conduct for the other counts, and stipulate to a Guidelines calculation including a career-offender enhancement; defense counsel asked the government what concessions, if any, the draft offered beyond a blind plea.
The government replied it would not withdraw the § 851 notice and conceded the draft offered little beyond a blind plea; Spiller rejected the draft and entered a blind guilty plea to all three counts, reserving the right to contest Guidelines calculations.
At sentencing the Guidelines range was 262–327 months (career-offender + acceptance); the court sentenced Spiller to 240 months; Spiller appealed and lost. He then filed a § 2255 alleging ineffective assistance of counsel for advising the blind plea and seeking an evidentiary hearing; the district court denied relief without a hearing and denied a COA; this court granted a COA and affirmed.

Issue	Spiller's Argument	Government's / District Court's Argument	Held
Whether the district court abused its discretion by denying an evidentiary hearing on Spiller's claim that counsel was constitutionally ineffective for advising a blind plea	Counsel failed to investigate and gave deficient advice, causing prejudice by steering him away from the government's plea offer	The record (emails, plea declaration, counsel's communications) shows counsel investigated, informed Spiller, and made a strategic decision; allegations are conclusory and the record conclusively shows no deficient performance	Affirmed: no evidentiary hearing required; counsel's performance was not deficient and decision was strategic

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: performance and prejudice)
Lafler v. Cooper, 566 U.S. 156 (2012) (Sixth Amendment right applies in plea-bargaining context)
Missouri v. Frye, 566 U.S. 134 (2012) (defense counsel's duties in plea negotiations)
Bethel v. United States, 458 F.3d 711 (7th Cir. 2006) (counsel must investigate and communicate likely sentence before plea)
Martin v. United States, 789 F.3d 703 (7th Cir. 2015) (standards for § 2255 evidentiary hearings and review)
Osagiede v. United States, 543 F.3d 399 (7th Cir. 2008) (record may justify treating counsel's actions as tactical, obviating a hearing)
United States v. Spiller, 732 F.3d 767 (7th Cir. 2013) (Spiller's direct appeal affirming sentence)