999 F. Supp. 2d 236
D.D.C.2013Background
- Mahdi was convicted in 2003 on 48 counts of a 49-count indictment; six counts were vacated on appeal, leaving 42 counts (24 federal, 18 DC).
- He is serving multiple concurrent life sentences plus one 7-year and five 25-year consecutive sentences for six federal firearm convictions.
- On direct appeal, the DC Circuit addressed related issues in Mahdi Direct Appeal (2010).
- Mahdi, proceeding pro se, filed a 28 U.S.C. §2255 motion in 2011 asserting four claims, and the government filed an opposition in 2013.
- The court denied all claims except the ineffective assistance of counsel claim, which it found required an evidentiary hearing.
- The court held an evidentiary hearing is warranted only for the IAC claim; other claims were resolved on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC claim: whether counsel's failure to call a witness violated Strickland | Mahdi argues Vonderpool would exonerate him | Government contends no deficient performance or prejudice established | Evidentiary hearing warranted on IAC claim |
| Brady/Giglio due process claim based on suppressed impeachment evidence | Mahdi asserts CO witnesses received special treatment and impeachment evidence was suppressed | Government contends no material Brady/Giglio violation shown | Brady/Giglio claim denied |
| Double Jeopardy: Narcotics Conspiracy and VICAR; and federal firearms counts | Narcotics/VICAR and multiple § 924(c) convictions violate Double Jeopardy | Congress intended cumulative punishment; no multiplicity problem | Claims denied |
| Assimilative Crimes Act/equal protection via single indictment for federal and DC offenses | Assimilative Crimes Act and equal protection arguments invalidating the indictment | ACT does not apply to District offenses; equal protection not violated | Claims denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Geraldo, United States v., 523 F.Supp.2d 14 (D.D.C.2007) (evidentiary hearing standard in §2255 context)
- Pollard, United States v., 959 F.2d 1011 (D.C.Cir.1992) (discretion on denying evidentiary hearings)
- Machibroda v. United States, 368 U.S. 487 (U.S. 1962) (requirement for non-record information to necessitate a hearing)
- Rutledge v. United States, 517 U.S. 292 (U.S. 1996) (Congressional intent allows cumulative punishment despite Blockburger)
- United States v. White, 116 F.3d 903 (D.C.Cir.1997) (multiplicity and cumulative punishment under RICO/VICAR schemes)
- United States v. Jones, 527 F.2d 817 (D.C.Cir.1975) (joinder and equal protection considerations in DC federal context)
- Sumter v. United States, 136 F.3d 190 (D.C.Cir.1998) (equal protection considerations in dual federal/state prosecution)
- United States v. Morrison, 98 F.3d 629 (D.C.Cir.1996) (district court discretion in §2255 proceedings)