United States v. Debra Moses
671 F. App'x 190
| 4th Cir. | 2016Background
- Debra M. Moses pleaded guilty to mail fraud in violation of 18 U.S.C. § 1341 and was sentenced to 24 months' imprisonment.
- Moses appealed, and counsel filed an Anders brief stating no meritorious issues but challenging the substantive reasonableness of the sentence.
- Moses filed a pro se supplemental brief asserting ineffective assistance of counsel at sentencing.
- The district court imposed a within-Guidelines 24-month sentence after considering the § 3553(a) factors and emphasizing the seriousness of the offense.
- The Fourth Circuit reviewed for abuse of discretion and whether any procedural error occurred, applying the presumption that a within-Guidelines sentence is substantively reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive reasonableness of sentence | Moses contends the 24-month within-Guidelines sentence is substantively unreasonable given her mitigation arguments | Government argues the sentence is reasonable and within Guidelines; district court balanced § 3553(a) factors | Affirmed — presumption that within-Guidelines sentence is reasonable not rebutted |
| Procedural sentencing error | Moses implies counsel acted ineffectively at sentencing, suggesting procedural defects | Government contends no significant procedural error appears in the record | No procedural error found on direct appeal; ineffective-assistance claim not conclusively shown on record |
| Standard of review | N/A (procedural posture) | N/A | Abuse-of-discretion standard applies; first review for procedural error, then substantive reasonableness under § 3553(a) |
| Proper vehicle for ineffective-assistance claim | Moses urges ineffective assistance at sentencing on direct appeal | Government notes such claims typically brought under 28 U.S.C. § 2255 if not apparent on record | Court: ineffective-assistance not shown on this record; if raised, it is more appropriate in a § 2255 motion |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to assert appeal is frivolous)
- Gall v. United States, 552 U.S. 38 (2007) (abuse-of-discretion review of sentencing; first procedural then substantive review)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption that within-Guidelines sentence is substantively reasonable)
- United States v. Jeffery, 631 F.3d 669 (4th Cir. 2011) (district courts have broad discretion in weighing § 3553(a) factors)
- United States v. Baldovinos, 434 F.3d 233 (4th Cir. 2006) (ineffective-assistance claims not conclusively shown on record are for § 2255 proceedings)