824 F. Supp. 2d 169
D.D.C.2011Background
- United States charged Troy Lewis with attempted coercion and enticement of a minor under 18 U.S.C. § 2422(b) and traveling with intent to engage in illicit sexual conduct with a minor under 18 U.S.C. § 2423(b).
- Indictment filed May 2, 2007; trial began September 10, 2007; government sought to introduce 404(b) and 414 evidence and Lewis moved to dismiss Count 1 for insufficiency.
- Defendant moved for dismissal and other pretrial relief; the court denied relevant motions by July 26, 2007.
- Two motions are at issue: Government’s Motion for an Order to obtain a defense counsel affidavit; Defendant’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255/§ 2255-1 proceedings.
- The court ultimately denied the Government’s Motion for an Order and denied Lewis’s Motion to Vacate on all asserted grounds, including Speedy Trial Act, Posse Comitatus Act, and chain-of-custody challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act claim viability | No effective tolling precedent; trial counsel’s omission not deficient given evolving law. | Counsel failure to move under the Act was ineffective assistance; future precedents irrelevant. | Denied; no prejudice showings establish ineffective assistance. |
| Posse Comitatus Act claim effectiveness | NCIS participation violated PCA; evidence should be suppressed. | NCIS investigated offenses affecting Navy; not a prohibited non-military enforcement; not ineffective. | Denied; NCIS involvement did not render counsel's performance ineffective. |
| Chain-of-custody issue and need for evidentiary hearing | Chain-of-custody problems could require exclusion of the hard drive and computer. | Impeachment and gaps would require a hearing to resolve chain-of-custody concerns. | Denied; record established chain-of-custody; no hearing necessary. |
| Overall effectiveness of trial counsel | Counsel reasonably avoided baseless pretrial motions given lack of precedent at the time. | Counsel’s strategic choices were deficient and prejudicial under Strickland. | Denied; defendant failed to show deficient performance or prejudice. |
Key Cases Cited
- Harris, 491 F.3d 440 (D.C. Cir. 2007) (Rule 609 notice not a pretrial motion tolling the Speedy Trial Act)
- Van Smith, 530 F.3d 967 (D.C. Cir. 2008) (Rule 609 notice not tolling the Speedy Trial Act clock)
- United States v. Yunis, 924 F.2d 1086 (D.C. Cir. 1991) (Posse Comitatus Act and training regulations countermand military involvement)
- Applewhite v. U.S. Air Force, 995 F.2d 997 (10th Cir. 1993) (military investigation of service members allowed for internal discipline)
- United States v. Griley, 814 F.2d 967 (4th Cir. 1987) (military personnel involvement and PCA considerations)
- United States v. Chon, 210 F.3d 990 (9th Cir. 2000) (NCIS involvement and PCA applicability to offenses affecting Navy)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard: reasonableness and prejudice)