Criminal No. 2007-0119
D.D.C.Nov 16, 2011Background
- United States, v. Troy Lewis, Crim. No. 07-119 (GK), in the D.C. District Court.
- Two pending motions: Government’s motion to compel an affidavit from defense counsel; Defendant’s motion to Vacate/Set Aside/Correct Sentence.
- Court previously denied reconsideration and related motions; Government sought an affidavit from defense counsel under prior orders.
- Defendant argues ineffective assistance of counsel on multiple grounds, including Speedy Trial Act, PCA, chain-of-custody, and failure to investigate.
- Court denies Government’s motion to compel a confidential affidavit and denies Defendant’s vacate motion on all asserted grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to file a Speedy Trial Act motion was ineffective assistance. | Lewis argues counsel failed to timely invoke the Speedy Trial Act tolling. | Lewis maintains the act should have been used to dismiss or toll proceedings. | No deficient performance; no prejudice shown; no reasonable likelihood of different outcome. |
| Whether trial counsel’s failure to challenge PCA violations was ineffective assistance. | Lewis contends NCIS involvement violated Posse Comitatus Act. | Lewis asserts suppression of PCA-violative evidence was warranted. | Counsel not ineffective; NCIS participation aligned with military interests; evidence suppression not required. |
| Whether defense counsel’s handling of chain-of-custody issues rendered ineffective assistance. | Lewis claims the Toshiba laptop/hard drive had improper custody and inventory issues. | Lewis argues improper chain-of-custody warrants exclusion and prejudice. | No basis to grant vacate; trial record supports chain-of-custody; no prejudice established. |
| Whether the Court had authority to compel an affidavit from defense counsel and the scope of any waiver. | Government seeks an affidavit; defense argues authority limits and implies waiver. | Federal Defender asserts limited, tailored waiver; court already has authority. | Court has authority to order a tailored affidavit; Government’s motion denied. |
Key Cases Cited
- United States v. Strickland, 466 U.S. 668 (1984) (establishes objective standard for ineffective assistance of counsel)
- Bittaker v. Woodford, 331 F.3d 715 (9th Cir. 2003) (implied waiver of attorney-client privilege when ineffective-assistance is asserted)
- United States v. Harris, 491 F.3d 440 (D.C. Cir. 2007) (Rule 609 notice not a pretrial motion tolling S.T.A.)
- United States v. Van Smith, 530 F.3d 967 (D.C. Cir. 2008) (Rule 609 filing not tolling S.T.A. clock; subsequent authority cited)
- United States v. Yunis, 924 F.2d 1086 (D.C. Cir. 1991) (NCIS investigations relate to Navy interests; PCA considerations)