Patrick Pierce v. United States
2012 U.S. App. LEXIS 14774
8th Cir.2012Background
- Pierce pled guilty to felon in possession after a public-shooting incident and high-speed chase; gun not recovered, ammunition found.
- Plea agreement waived most appeals and §2255 rights, except for prosecutorial misconduct or ineffective assistance of counsel.
- At sentencing, the base offense level hinged on whether the resisting-arrest conviction was a qualifying crime of violence and thus received criminal history points.
- Counsel argued the resisting-arrest conviction did not qualify as a crime of violence; district court held a 57-month sentence within the guidelines range.
- Pierce unsuccessfully challenged the guidelines issue on direct appeal due to a waiver; he later sought §2255 relief alleging ineffective assistance for failing to raise the issue; district court granted relief, government appealed, and the court reverses the grant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel’s failure to argue the predicate crime lacked criminal history points was ineffective. | Pierce argues counsel failed to challenge the grouping/history point issue. | Government contends issue was novel/complex and not ineffective. | Not ineffective; King governs and prejudice not shown. |
| Whether the district court erred by granting §2255 relief in light of King. | Pierce contends relief appropriate due to counsel’s error. | Government argues King controls and relief was improper. | Reversed; no entitlement to §2255 relief. |
Key Cases Cited
- United States v. King, 595 F.3d 844 (8th Cir. 2010) (guideline grouping/criminal history points analysis; novel issue not grounds for ineffective assistance)
- United States v. Peters, 215 F.3d 861 (8th Cir. 2000) (whether related offenses may count for criminal history points)
- United States v. Charles, 209 F.3d 1088 (8th Cir. 2000) (base offense level when grouping related offenses)
- United States v. Lazarski, 560 F.3d 731 (8th Cir. 2009) (grouping/points prior to eighteenth birthday)
- United States v. Oetken, 241 F.3d 1057 (8th Cir. 2001) (litigated issue on whether post-offense conviction can be a qualifying crime of violence)