522 F. App'x 578
11th Cir.2013Background
- Rosin sought relief under 28 U.S.C. § 2255 alleging ineffective assistance of counsel at sentencing.
- The district court denied his motion without an evidentiary hearing.
- The court applied a “clear and convincing” standard to prove prejudice, misapplying Strickland’s prejudice standard.
- The Eleventh Circuit granted a certificate of appealability on whether the district court erred in denying relief without an evidentiary hearing.
- The panel vacated and remanded to apply the reasonable-probability standard for prejudice under Strickland and to decide on the need for an evidentiary hearing.
- The court instructed that factual determinations not be based solely on counsel’s statements unless supported by affidavits or other evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prejudice requires only reasonable probability under Strickland | Rosin argues the district court used an incorrect standard | United States contends the district court properly analyzed prejudice | Remanded to apply the reasonable-probability standard |
| Whether an evidentiary hearing is warranted on Rosin’s claim | Rosin contends and counsel affidavits show possible prejudice | Record does not conclusively negate relief | Remand to determine need for an evidentiary hearing under §2255 |
Key Cases Cited
- United States v. Diaz, 930 F.2d 832 (11th Cir. 1991) (prejudice requires reasonable probability, not proof by preponderance)
- Strickland v. Washington, 466 U.S. 668 () (establishes standard for ineffective assistance of counsel and prejudice)
- Agan v. Singletary, 12 F.3d 1012 (11th Cir. 1994) (reasonable probability less than preponderance)
- Mansfield v. Secretary, Fla. Dept. of Corrections, 679 F.3d 1301 (11th Cir. 2012) (clarifies standard for proving prejudice under Strickland)
- Aaron v. United States, 291 F.3d 708 (11th Cir. 2002) (evidentiary hearing when facts could entitle relief)
- United States v. Washington, 714 F.3d 1358 (11th Cir. 2013) (avoid reliance on counsel’s unsworn statements)
- Kearse v. Secretary, Fla. Dept. of Corrections, 669 F.3d 1197 (11th Cir. 2011) (remand when district court applied wrong legal standard)