United States v. Jerel Jackson
712 F. App'x 141
| 3rd Cir. | 2017Background
- Jackson was indicted in 2013 for sex trafficking (three counts; one victim minor) under 18 U.S.C. §§ 1591, 1594(a).
- Superseding indictments in 2015 and 2015–2016 brought five counts total, two involving a minor.
- Jackson pleaded guilty March 18, 2015 after a full plea colloquy; the court found the plea knowing and voluntary.
- In November 2015, Jackson sought new counsel; in May 2016 he moved to withdraw his guilty plea, alleging innocence.
- Sentencing occurred in 2015 with a 30-year term plus 5 years’ supervised release; he appealed.
- The Fifth Circuit affirmed the convictions but vacated the sentence and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s effectiveness is reviewable on direct appeal | Jackson argues counsel allowed an invalid plea | Government argues ineffectiveness is collateral and not on direct appeal | Not reviewed on direct appeal; remanded for collateral review |
| Whether the district court abused its discretion denying plea withdrawal | Jackson asserts innocence and entitlement to withdraw | Government contends lack of credible innocence and prejudice to trial | No abuse; credibility findings supported denial |
| Whether sentencing miscalculated the guidelines range | Misapplication of U.S.S.G. §3D1.4 affected range | Government concedes miscalculation | Sentence vacated and remanded for resentencing |
Key Cases Cited
- United States v. Brown, 250 F.3d 811 (3d Cir. 2001) (credibility in withdrawal requests; not amenable to abuse review on direct appeal)
- United States v. Jones, 336 F.3d 245 (3d Cir. 2003) (abuse-of-discretion review for withdrawal of guilty plea)
- United States v. Mateo-Medina, 845 F.3d 546 (3d Cir. 2017) (vacate/procedural defect in sentence; remand for resentencing)
- Massaro v. United States, 538 U.S. 500 (U.S. 2003) (ineffective assistance generally resolved on collateral review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (sixth amendment ineffective-assistance standard; totality of circumstances)
- United States v. Thornton, 327 F.3d 268 (3d Cir. 2003) (predecessor on deferment of ineffectiveness claims to collateral attack)
- Covertech Fabricating, Inc. v. TVM Bldg. Prods., Inc., 855 F.3d 163 (3d Cir. 2017) (credibility determinations reviewed for clear error)