Koons v. United States
2011 U.S. App. LEXIS 8674
| 7th Cir. | 2011Background
- Koons pled guilty to felon in possession and armed career criminal provisions.
- Koons filed a §2255 petition alleging ineffective assistance of trial counsel during the plea process.
- Government and Koons dispute the April 19, 2007 home search and firearms seizure by the Warrick County officers.
- Evidence at change-of-plea and PSR portrayed Koons as voluntarily consenting to the home search.
- District court sentenced Koons to 180 months; Koons challenged both plea and evidentiary issues on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective during the plea process | Koons | US | No ineffective assistance; plea valid |
| Whether trial counsel deficiently investigated a Fourth Amendment claim | Koons | US | Investigation reasonable; no deficient performance |
| Whether trial counsel should have moved to suppress evidence from the search | Koons | US | No suppression warranted; consent supported by record |
| Whether Koons is entitled to an evidentiary hearing | Koons | US | No; record conclusively shows no relief |
Key Cases Cited
- United States v. Villegas, 388 F.3d 317 (7th Cir. 2004) (unconditional guilty plea does not bar ineffective-assistance review for plea)
- United States v. Elizalde-Adame, 262 F.3d 637 (7th Cir. 2001) (plea withdrawal and procedural posture under §2255)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (standard for prejudice in plea-based ineffectiveness claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard: deficient performance and prejudice)
- United States v. Recendiz, 557 F.3d 511 (7th Cir. 2009) (mixed question of law and fact in evaluating counsel performance)
- United States v. Johnson, 495 F.3d 536 (7th Cir. 2007) (consent and voluntariness in Fourth Amendment searches)
- Hutchings v. United States, 618 F.3d 696 (7th Cir. 2010) (announcement on evidentiary hearings under §2255)
- United States v. Lathrop, 634 F.3d 931 (7th Cir. 2011) (reasonableness of investigation depends on defendant's information)
- Gentry v. Sevier, 597 F.3d 838 (7th Cir. 2010) (failure to file suppression motion can be deficient if viable)