United States v. Knight
1:10-cr-00179
W.D.N.Y.Jan 31, 2013Background
- Knight was charged in state court for murder of Andie Gasper and acquitted in 1995.
- In 2009, FBI and local cold case unit uncovered evidence Knight and Cheryl Gasper conspired to murder Gasper for life-insurance proceeds.
- Knight pleaded guilty in 2010 to the federal murder-for-hire statute, 18 U.S.C. § 1958, and was sentenced to 288 months.
- Knight did not appeal his conviction but timely filed a 28 U.S.C. § 2255 motion to vacate.
- The court addressed whether the extended punishment under § 1958 after 1994 affected the statute of limitations and whether that violated the Ex Post Facto Clause.
- The court denied the motion, concluding no statute of limitations applied and that ineffective-assistance claims failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the murder-for-hire statute's amendment violated the Ex Post Facto Clause. | Knight argues the post-1994 amendment extended the limitation period retroactively. | USA contends the extension permits retroactive effect because it effectively extends the period within which charges can survive, even indirectly. | No Ex Post Facto violation; amendment legitimate within original period. |
| Whether the indirect extension of the statute of limitations by raising punishment is permissible. | Knight asserts retroactive effect of an indirect change to limitations. | USA maintains indirect change is permissible if original period had not run. | Permissible; no retroactive impairment of due process. |
| Whether Knight's ineffective-assistance claims fail because no applicable statute of limitations defense existed. | Knight claims counsel should have challenged time-bar. | Counsel could not raise a non-existent limitations defense. | Denied; no such defense existed under current law. |
| Whether the plea-waiver of collateral attack bars relief on ineffective-assistance grounds. | Knight argues waiver should not bar claims connected to the plea's voluntariness. | Waiver generally enforceable but may not bar claims where ineffectiveness relates to voluntariness. | Waiver does not bar these ineffective-assistance claims under the cited authority. |
Key Cases Cited
- Graziano v. United States, 83 F.3d 587 (2d Cir. 1996) (collateral attack limited to fundamental constitutional errors)
- United States v. Bokun, 73 F.3d 8 (2d Cir. 1995) (fundamental defects in collateral review)
- United States v. Morgan, 113 F.3d 1230 (2d Cir. 1997) (congress may extend limitations if original period not yet run)
- United States v. Gibson, 490 F.3d 604 (7th Cir. 2007) (express or implied extensions of limitations permitted)
- Beazell v. Ohio, 269 U.S. 620 (1926) (statutes and ex post facto considerations)
- Stogner v. California, 539 U.S. 607 (2003) (extension of limitations after expiration is prohibited; analogy applied)
- Collins v. Youngblood, 497 U.S. 34 (1990) (death-penalty prohibitions; prospective application principle)