United States v. Dwight Reed
2013 U.S. App. LEXIS 11389
5th Cir.2013Background
- Reed was charged in a 21-count indictment for trafficking in counterfeit goods and later convicted after trial.
- Reed claims trial counsel advised him to accept a plea to Louis Vuitton counts with other counts dismissed, predicting 36 months.
- A superseding indictment in 2010 largely mirrored the 2009 indictment; Reed insisted counsel again predicted 36 months for a plea.
- PSR calculated offense level and enhancements, yielding a 27–33 month guideline range; court sentenced to 48 months per count, concurrent.
- §2255 motion asserted ineffective assistance for advice on sentencing exposure; district court denied relief and declined a hearing.
- Court granted COA only on whether district court erred in denying an evidentiary hearing on counsel’s plea-negotiation advice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Reed is entitled to an evidentiary hearing on counsel’s plea-advising prediction | Reed asserts counsel predicted 36 months and thus misled plea calculus | Government contends assertions are self-serving and uncorroborated | Vacate and remand for an evidentiary hearing on deficient performance |
| Whether Reed suffered prejudice from allegedly deficient plea-advising | Reed would have accepted a plea with lower exposure | Prejudice not established beyond doubt; plea outcome uncertain | Prejudice unresolved pending evidentiary hearing; not decided at this stage |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (Sixth Amendment plea advisement standard applied to foreseeability of consequences)
- Rivas-Lopez v. United States, 678 F.3d 353 (5th Cir. 2012) (prejudice for ineffective assistance in plea decisions requires prob. plea would have been favorable)
- Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (prejudice if plea would have been accepted and resulted in lesser sentence)
- Edwards v. United States, 442 F.3d 258 (5th Cir. 2006) (abuse of discretion standard for denying evidentiary hearing)
- Auten v. United States, 632 F.2d 478 (5th Cir. 1980) (conclusory allegations do not entitle to hearing)
- Raetzsch v. United States, 781 F.2d 1149 (5th Cir. 1986) (specific factual allegations supported by reliable affidavit may be required)
- Fuller v. United States, 769 F.2d 1095 (5th Cir. 1985) (affidavits help prove what counsel told defendant in private)
- Green v. Johnson, 46 F. Supp. 2d 614 (N.D. Tex. 1999) (habeas relief not granted where self-serving, uncorroborated plea claims)