Logan Gaylord v. United States
2016 U.S. App. LEXIS 12814
| 7th Cir. | 2016Background
- Logan Gaylord pled guilty to conspiracy to distribute and to distribution of oxycodone; he admitted distributing 12 pills, 7 of which were given to Ryan Evins, who later died after ingesting those pills and cocaine from another source.
- Coroner and forensic pathology reports listed the cause of death as “oxycodone and cocaine intoxication,” and the forensic report stated the oxycodone concentration was consistent with levels seen in fatalities.
- Gaylord’s PSR and plea agreement described oxycodone as causing Evins’s death; at the plea hearing Gaylord affirmed those facts and waived appeal and collateral attack rights in the plea agreement.
- Gaylord was sentenced to the 240‑month mandatory minimum under 21 U.S.C. § 841(b)(1)(C) (the “death results” enhancement). He did not appeal.
- After Burrage v. United States narrowed the causation required for the § 841(b)(1)(C) enhancement (but‑for causation), Gaylord filed a § 2255 motion claiming counsel was ineffective for failing to challenge the enhancement and for not providing him autopsy/pathology reports.
- The district court dismissed the § 2255 motion; the Seventh Circuit vacated and remanded for an evidentiary hearing, concluding Gaylord alleged sufficient facts to raise an ineffective‑assistance claim that overcomes the plea waiver and requires development of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Burrage claim is cognizable on § 2255 | Gaylord: sentence violates federal law as clarified in Burrage and is thus cognizable under § 2255 | Gov: initial district court held nonconstitutional claim waived/untimely | Court: Burrage claim is cognizable under § 2255 (government conceded) |
| Retroactivity and timeliness of Burrage | Gaylord: Burrage narrowed statute and applies retroactively; timely filed within one year | Gov: district court found untimely and waived | Court: Burrage applies retroactively and Gaylord’s filing is timely (government conceded) |
| Effect of plea‑agreement collateral‑attack waiver | Gaylord: waiver is invalid as to claims that plea resulted from counsel’s ineffective assistance | Gov: waiver bars collateral attack absent explicit ineffective‑assistance claim | Held: waiver cannot bar an ineffective‑assistance claim about negotiation of the plea; Gaylord alleged ineffective assistance sufficiently to overcome waiver |
| Merits — ineffective assistance in plea negotiation (performance and prejudice) | Gaylord: counsel failed to investigate/exchange autopsy/pathology reports and failed to challenge death‑causation; plea therefore uninformed and involuntary | Gov: forensic report shows oxycodone level consistent with fatality, so oxycodone could be independently sufficient; counsel’s performance was adequate | Held: Allegations sufficiently plead deficient performance and prejudice under Strickland/Hill to warrant an evidentiary hearing; record is insufficient to resolve the claim on the papers |
Key Cases Cited
- Burrage v. United States, 134 S. Ct. 881 (2014) (but‑for causation required for § 841(b)(1)(C) where distributed drug is not independently sufficient to cause death)
- United States v. Hatfield, 591 F.3d 945 (7th Cir. 2010) (but‑for causation required for the § 841(b)(1)(C) enhancement)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Massaro v. United States, 538 U.S. 500 (2003) (ineffective‑assistance claims may be raised for the first time in § 2255 proceedings)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for ineffective assistance in plea context)
- Lafler v. Cooper, 132 S. Ct. 1376 (2012) (reasonable probability that competent advice would have changed plea outcome)
- Moore v. Bryant, 348 F.3d 238 (7th Cir. 2003) (counsel in plea context should learn facts, estimate sentence, and advise client)
- Osagiede v. United States, 543 F.3d 399 (7th Cir. 2008) (ineffective‑assistance claims often require evidentiary hearings to develop tactical explanations)
- Bruce v. United States, 256 F.3d 592 (7th Cir. 2001) (standards for granting evidentiary hearing on § 2255)
- Hurlow v. United States, 726 F.3d 958 (7th Cir. 2013) (plea waivers enforceable but cannot bar ineffective‑assistance claims relating to the plea negotiation)
- Jones v. United States, 167 F.3d 1142 (7th Cir. 1999) (ineffective assistance in connection with plea/cooperation agreements cannot be barred by those agreements)
- Warren v. Baenen, 712 F.3d 1090 (7th Cir. 2013) (pro se filings are construed liberally)