821 F. Supp. 2d 249
D.D.C.2011Background
- Henry was indicted on September 12, 2002 for international heroin trafficking; co-defendants were her sisters Nzioki and Kamene; Kamene was a fugitive.
- Henry was arrested in Kenya, extradited to the United States on February 6, 2003.
- She was tried in March 2004 and convicted on one conspiracy count and two distribution counts involving heroin.
- On January 5, 2005 she was sentenced to 288 months in prison plus five years of supervised release.
- Her conviction was upheld on appeal by the D.C. Circuit on November 16, 2006; she is imprisoned at FCI Danbury.
- Henry filed a 28 U.S.C. § 2255 motion challenging her conviction; the court denied relief after review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of trial counsel | Henry | Henry | Denied; no prejudice shown |
| Ineffective assistance of appellate counsel | Henry | Henry | Denied; no reversible error shown on appeal |
| Recanting government witness post-trial | Henry | Henry | Denied; testimony not shown to be false or likely to yield acquittal |
| Mistaken identity claim based on newly discovered evidence | Henry | Henry | Denied; records and trial identifications support identity |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance)
- United States v. Hurt, 527 F.3d 1347 (D.C.Cir. 2008) (defendant bears burden to show deficient performance and prejudice)
- United States v. Hughes, 514 F.3d 15 (D.C.Cir. 2008) (deferential review of counsel's performance)
- Cullen v. Pinholster, 131 S. Ct. 1388 (2011) (presumption of adequate assistance; heightened scrutiny for prejudice)
- Harrington v. Richter, 131 S. Ct. 770 (2011) (high bar for Strickland prejudice; demanding standard)
- Massaro v. United States, 538 U.S. 500 (2003) (§2255 often preferable to direct appeal for ineffective assistance claims)
- United States v. Morrison, 98 F.3d 619 (D.C.Cir. 1996) (district court's discretion in §2255 matters)
- United States v. Rashad, 331 F.3d 908 (D.C.Cir. 2003) (ineffective assistance claims generally not raised on direct appeal)
- Kearney v. United States, 682 F.2d 214 (D.C.Cir. 1982) (recanting affidavits require credible evidence of false trial testimony)
- Mackin v. United States, 561 F.2d 958 (D.C.Cir. 1977) (recantations by family members receive lesser weight)
- Provost v. United States, 969 F.2d 617 (8th Cir. 1992) (credibility scrutiny for post-trial recantations)
- Russell v. Smith, 68 F.3d 33 (2d Cir. 1995) (recantations generally scrutinized for credibility)
- United States v. Earles, 983 F. Supp. 1236 (N.D. Iowa 1997) (weight of familial recantations)
- Williams v. United States, 233 F.3d 592 (D.C.Cir. 2000) (new-trial probability standard for recantation relief)
- Thompson v. United States, 188 F.2d 652 (D.C.Cir. 1951) (predecessor on recantation standards)