United States v. Lackey
2:03-cr-00480
E.D. Cal.Jun 24, 2025Background
- Cyrno Terry Lackey, a former federal prisoner, filed a motion under 28 U.S.C. § 2255 to vacate his conviction under 18 U.S.C. § 924(c), following the Supreme Court's ruling in United States v. Davis.
- Lackey pleaded guilty in 2005 to three counts: drug trafficking, possession of a firearm in furtherance of a drug offense, and felon in possession of a firearm, pursuant to a plea agreement with a 240-month sentence.
- The plea agreement included a broad waiver of appeal and post-conviction collateral attack rights if he received the stipulated sentence.
- The court found that the waiver was knowing, voluntary, and enforceable, and that Lackey’s claims under Davis were barred.
- Even absent the waiver, the court noted that Davis did not apply because Lackey’s conviction was under a section unaffected by Davis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of collateral attack waiver | Lackey is entitled to relief | Waiver bars post-conviction attack | Waiver is enforceable and bars § 2255 motion |
| Scope of United States v. Davis (2019) relief | Davis vacates § 924(c) count | Davis not applicable to conviction | Davis does not affect Lackey’s § 924(c)(1)(B)(i) conviction |
| Validity of knowing and voluntary plea waiver | No challenge to voluntariness | Waiver was knowing and voluntary | Waiver found knowing, voluntary, and valid |
| Exception for illegal sentence post-Davis | Davis relief is retroactive | Waiver does not permit exception for Davis | No exception for Davis claims; waiver precludes relief |
Key Cases Cited
- United States v. Abarca, 985 F.2d 1012 (9th Cir. 1993) (defendants may waive right to collaterally attack sentence or conviction)
- United States v. Jeronimo, 398 F.3d 1149 (9th Cir. 2005) (broad waivers of appeal bar appeal on all grounds)
- United States v. Baramdyka, 95 F.3d 840 (9th Cir. 1996) (criteria for knowing and voluntary waiver in plea agreements)
- United States v. Cardenas, 405 F.3d 1046 (9th Cir. 2005) (post-judgment changes in law do not affect waivers)
- United States v. Goodall, 21 F.4th 555 (9th Cir. 2021) (Davis does not create exception to plea waivers)