United States v. Felder
786 F. Supp. 2d 320
D.D.C.2011Background
- Felder filed a 28 U.S.C. § 2255 motion asserting ineffective assistance of counsel (IAC) claims, including no appeal, improper role enhancements, erroneous plea advice, unconstitutional prior convictions, and Booker-based sentence issues.
- The court denied most IAC claims on June 24, 2008, leaving only the claim that trial counsel failed to file an appeal, which was to be resolved at an evidentiary hearing.
- Before the hearing, Felder and the government stipulated to reduce Felder’s sentence and to forego further appeals, resulting in a stipulated disposition resenting Felder to 135 months and waiving appellate rights.
- After the stipulated disposition, Felder filed a pro se notice of appeal; the court of appeals held the appeal in abeyance pending a ruling on a certificate of appealability (COA).
- The district court determined that the waiver was knowing and voluntary and protected by precedents allowing plea-bargaining waivers, and denied the COA request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal waiver in the stipulation bars COA relief | Felder argues the disposition does not apply to IAC issues resolved earlier | Waiver covers all IAC claims and related issues in the stipulation | Waiver valid; COA denied |
| Whether the waiver was knowing and voluntary | Felder contends he was unaware of risks or coerced | Stipulation signed with explicit voluntariness and understanding | Waiver knowing and voluntary; enforceable |
| Whether the waiver forecloses appeal despite earlier IAC determinations | Waiver should not bar appellate review of colorable IAC claims | Plea-bargaining waivers are permissible and enforceable | Waiver bars appeal and COA for this sentence |
| Whether Felder is entitled to a certificate of appealability notwithstanding the stipulated disposition | COA should issue for unresolved or unresolved IAC issues | Waiver and disposition foreclose COA | COA denied |
Key Cases Cited
- United States v. Guillen, 561 F.3d 527 (D.C. Cir. 2009) (knowing waiver of appeal rights; anticipatory waivers allowed if informed of risks; ineffective-assistance concerns limit enforcement)
- Town of Newton v. Rumery, 480 U.S. 386 (U.S. 1987) (waiver of rights in plea bargaining does not violate the Constitution; components of knowing waiver)
- United States v. Felder, 563 F. Supp. 2d 160 (D.D.C. 2008) (earlier denial of most IAC claims; 2008 memorandum and order)