United States v. Emerson
5:23-cr-00014
W.D. Okla.Jun 3, 2025Background
- Daivien Raqawn Emerson was charged in a federal indictment with being a felon in possession of a firearm and assaulting a federal officer.
- Emerson pled guilty to the firearm charge under a plea agreement, resulting in dismissal of the assault charge at sentencing.
- After plea, Emerson's original counsel withdrew due to a conflict; new counsel was appointed for sentencing.
- Emerson was sentenced to 150 months of imprisonment and did not appeal his conviction or sentence directly.
- Proceeding pro se, Emerson filed a motion under 28 U.S.C. § 2255 to vacate his sentence, claiming ineffective assistance of counsel for failure to file a motion to suppress evidence.
- The government responded, and the matter was decided without an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance: Failure to file a motion to suppress | No grounds for suppression; firearm found in open area; no prejudice shown | Counsel failed to file/advice motion to suppress; ineffective assistance | No deficient performance or prejudice; claim denied |
| Evidentiary hearing required | Record conclusively shows no relief | Implicit request for hearing | Hearing not warranted |
| Certificate of appealability | Standard not met; no substantial showing | Implicit request for appealability | Denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (sets forth the two-prong test for ineffective assistance of counsel)
- Oliver v. United States, 466 U.S. 170 (open fields doctrine; limits Fourth Amendment protections)
- Slack v. McDaniel, 529 U.S. 473 (standard for issuing a certificate of appealability)