United States v. Margheim
677 F. App'x 484
| 10th Cir. | 2017Background
- Terry Margheim was convicted at a bench trial of federal gun and drug offenses; this court affirmed on direct appeal in United States v. Margheim, 770 F.3d 1312 (10th Cir. 2014).
- Margheim filed a 28 U.S.C. § 2255 habeas petition raising multiple claims, including ineffective assistance of counsel (IAC) claims.
- The district court held an evidentiary hearing on the claim that counsel failed to convey a plea offer and rejected Margheim’s § 2255 claims; it also denied a certificate of appealability (COA).
- On appeal from the denial of a COA, Margheim renewed a subset of his IAC claims: (1) counsel’s failure to raise Speedy Trial Act issues, (2) failure to challenge criminal-history point calculations at sentencing, and (3) failure to convey a proposed plea offer.
- The district court found the government witness credible at the § 2255 evidentiary hearing and concluded no plea offer had been made; the Tenth Circuit reviewed the COA request and the IAC claims.
Issues
| Issue | Margheim's Argument | Government's Argument | Held |
|---|---|---|---|
| Counsel failed to raise Speedy Trial Act violations | Counsel was ineffective for not litigating Speedy Trial Act arguments | The Speedy Trial Act arguments lack legal merit | Denied: arguments meritless, so no prejudice under Strickland |
| Counsel failed to challenge criminal-history point calculations at sentencing | Counsel was ineffective for not objecting to criminal-history points | Calculations were legally proper; objections would have failed | Denied: meritless, so no prejudice under Strickland |
| Counsel failed to convey a proposed plea offer | Counsel was ineffective for not communicating a plea offer to Margheim | No plea offer was made; government witness credible at hearing | Denied: district court credited testimony that no offer existed; no IAC shown |
| Certificate of appealability (COA) should issue | Margheim sought COA on the IAC claims | COA should be denied because reasonable jurists would not debate the district court's rulings | Denied: Margheim failed to make a substantial showing of denial of a constitutional right |
Key Cases Cited
- United States v. Margheim, 770 F.3d 1312 (10th Cir. 2014) (direct appeal affirming Margheim’s convictions)
- Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (standard for issuing a certificate of appealability)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- United States v. Orange, 447 F.3d 792 (10th Cir. 2006) (no IAC where underlying claim lacks merit)
- Hooks v. Ward, 184 F.3d 1206 (10th Cir. 1999) (same principle on prejudice prong when underlying claim is meritless)
- United States v. Wiseman, 297 F.3d 975 (10th Cir. 2002) (standard for reviewing district court credibility findings)