United States v. Casutt
2:20-cr-00231-APG-NJK
D. Nev.May 16, 2025Background
- Brandon Casutt pleaded guilty to wire fraud and concealment money laundering for fraudulently obtaining over $509,000 in COVID-19 relief loans via false representations about his businesses.
- Casutt used the funds for personal benefit, including laundering loan proceeds and purchasing a house.
- He moved to vacate his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel, prosecutorial misconduct, actual innocence, and defective government applications/warrants.
- The government opposed, arguing Casutt received constitutionally adequate counsel, was not prejudiced by any alleged defects, and waived most challenges in his plea.
- The Court denied Casutt's motion on all grounds, finding no constitutional errors or prejudice, and entered judgment against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective Assistance | Counsel was conflicted, pressured plea, failed to challenge warrant, etc. | Counsel’s decisions were sound strategy; no prejudice shown | No ineffective assistance; claims denied |
| Prosecutorial Misconduct | Govt made false statements/witheld info in search warrant/indictment | Casutt waived these in plea; no statements induced the guilty plea | No misconduct; challenges were waived in plea |
| Actual Innocence | Expert testimony shows no material misrepresentations; not guilty of fraud | Testimony insufficient; other evidence supported conviction | Not actually innocent; motion denied on this ground |
| Defective Warrant/Indictment | Govt used false/misleading statements; withheld exculpatory info | Collateral challenge waived in plea agreement | Arguments waived; no material misreps found |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- Wood v. Georgia, 450 U.S. 261 (right to conflict-free counsel)
- Bousley v. United States, 523 U.S. 614 (actual innocence and collateral review)
- United States v. Williams, 504 U.S. 36 (prosecution not required to present exculpatory evidence to grand jury)
- Missouri v. Frye, 566 U.S. 134 (plea bargaining is a critical stage for right to counsel)