United States v. Maujer
21-6087
| 10th Cir. | Nov 23, 2021Background
- Maujer was indicted on methamphetamine distribution and possession counts and pleaded guilty to one distribution count in 2019.
- His plea included a collateral-attack waiver that preserved only claims of ineffective assistance of counsel (IAC).
- The guideline range was 210–262 months, but the district court granted a downward variance and sentenced Maujer to 108 months.
- Maujer filed a 28 U.S.C. § 2255 motion raising four IAC claims; on appeal he attempted to press 13 IAC claims, 11 of which were new.
- The district court denied relief, finding Maujer could not show prejudice from counsel’s alleged failures; the Tenth Circuit denied a Certificate of Appealability (COA) and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forfeiture of new claims on appeal | Maujer sought to raise 13 IAC claims on appeal (many not presented below) | Court should not consider issues not raised in district court absent extraordinary circumstances | New claims forfeited; appellate court declined to review them |
| IAC for failure to communicate / disclose discovery | Counsel failed to disclose discovery/exculpatory evidence and failed to communicate, causing Maujer to plead rather than go to trial | Record shows satisfaction with counsel at plea and a substantial downward variance; Maujer failed to show a reasonable probability he would have gone to trial | District court’s denial of the IAC claim was not reasonably debatable; COA denied and appeal dismissed |
Key Cases Cited
- United States v. Viera, 674 F.3d 1214 (10th Cir. 2012) (courts generally do not consider issues not raised below)
- Childers v. Crow, 1 F.4th 792 (10th Cir. 2021) (pro se filings get liberal construction but courts will not rewrite claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong IAC test: deficient performance and prejudice)
- Missouri v. Frye, 566 U.S. 134 (2012) (prejudice in plea context requires reasonable probability defendant would have gone to trial)
- Slack v. McDaniel, 529 U.S. 473 (2000) (standard for granting a COA when claims are denied on the merits)