United States v. Gaver
1:17-cr-00640
D. MarylandOct 1, 2021Background
- Gaver was convicted after an eight-day jury trial of eight counts of bank fraud (18 U.S.C. § 1344) and two counts of money laundering (18 U.S.C. § 1957); judgment imposed 204 months’ imprisonment, $49.215 million restitution, and $10,000 special assessment.
- The Fourth Circuit affirmed the conviction and sentence on direct appeal.
- Gaver filed a pro se 28 U.S.C. § 2255 motion raising ten ineffective-assistance-of-counsel (IAC) grounds and sought appointment of counsel and various discovery (attorney visit, telephone, travel records and interrogation documents).
- The court reviewed the record and counsel affidavits, found no need for an evidentiary hearing, and treated the IAC claims under Strickland.
- The court denied the § 2255 motion on the merits, denied requests for appointed counsel and discovery, and declined a certificate of appealability.
Issues
| Issue | Plaintiff's Argument (Gaver) | Defendant's Argument (United States) | Held |
|---|---|---|---|
| IAC generally | Counsel performed deficiently on multiple fronts (investigation, impeachment, witness calls, plea advice, sentencing prep). | Counsel acted reasonably; strategic decisions and record contradict deficiencies; no prejudice shown. | Denied — Strickland performance and prejudice not established. |
| Fitness / medical condition | CDF medications and tremors rendered Gaver unable to assist or present himself, prejudicing trial. | Record shows no evidence counsel should have notified court or that condition changed outcome. | Denied — no deficient performance or prejudice. |
| Access to discovery / communication | Counsel withheld or failed to properly communicate discovery and case facts. | Counsel investigated, had relevant background from prior civil matters, and review procedures were lawful; exhibits provided at trial. | Denied — no deficient performance or prejudice. |
| Plea offers | Counsel failed to evaluate/communicate two pretrial plea offers; Gaver would have accepted. | Court and counsel put plea offers on record; Gaver rejected offers and insisted on trial. | Denied — Gaver was aware and rejected the offers; no prejudice shown. |
| Failure to call witnesses | Counsel refused to call proposed witnesses (ex-wife, expert, attorney). | Tactical decision; counsel filed witness list but chose cross-examination strategy; calling some witnesses would harm defense. | Denied — within strategic discretion; no reasonable probability of different outcome. |
| Sentencing counsel continuity | Sentencing counsel failed to request continuance despite late appointment. | Levin accepted appointment earlier than formal filing, met with Gaver, offered continuance which Gaver declined; record contradicts claim. | Denied — not objectively unreasonable and no prejudice. |
| Discovery requests re: attorney records/interrogation docs | Requests for visit/phone/travel/interrogation records needed to develop IAC claims. | Discovery not warranted without prima facie showing; government already provided records located. | Denied — no good cause for Rule 6 discovery; records provided where available. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: performance and prejudice)
- Massaro v. United States, 538 U.S. 500 (2003) (IAC claims may be raised first in §2255 proceedings)
- Missouri v. Frye, 566 U.S. 134 (2012) (duty to communicate plea offers and Strickland framework for plea-context IAC)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard in plea-bargaining ineffective assistance claims)
- Glover v. United States, 531 U.S. 198 (2001) (any additional jail time is constitutionally significant for prejudice analysis)
- Bracy v. Gramley, 520 U.S. 899 (1997) (habeas discovery is not automatic; Rule 6 requires good cause)
- Quesinberry v. Taylor, 162 F.3d 273 (4th Cir. 1998) (Rule 6 discovery requires specific factual allegations)
- United States v. Galloway, 749 F.3d 238 (4th Cir. 2014) (permitting restrictions on detainee possession of discovery materials)
- Yarbrough v. Johnson, 520 F.3d 329 (4th Cir. 2008) (presumption that counsel's conduct falls within wide range of reasonable professional assistance)