United States v. Mooneyham, 580 F. App'x 657

Mooneyham pleaded guilty to receiving child pornography under 18 U.S.C. § 2252(a)(2) and received a 20-year sentence.
Mooneyham waived the right to appeal or collateral attack as long as the sentence stayed within the guideline range, but later moved to vacate under § 2255.
The district court enforced part of the waiver and denied the § 2255 motion; Mooneyham sought a certificate of appealability and in forma pauperis status.
On appeal, Mooneyham argued ineffective assistance of counsel in plea negotiations, sentencing representation, and failure to file an appeal; the waiver was argued to bar two claims.
The panel denied a certificate of appealability but granted leave to proceed in forma pauperis.
The court held the ineffective-assistance claims regarding sentencing and failure to appeal barred by the collateral-challenge waiver, and rejected the plea-negotiation claim on the merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance in negotiating the plea	Mooneyham contends counsel erred in plea negotiations and explanation.	Government argues no prejudice and standard Strickland analysis applies.	No prejudice; claim rejected.
Waiver of collateral challenges covers sentencing issues	Waiver should not bar claims about sentencing and lack of appeal.	Waiver covers those ineffective-assistance claims if within scope.	Waiver bars consideration of sentencing and failure-to-appeal claims.
Knowing and voluntary nature of the waiver	Waiver may be invalid if not knowing/voluntary.	Plea agreement language and Rule 11 colloquy show knowing/voluntary waiver.	Waiver is knowing and voluntary.
Miscarriage of justice and enforcement of waiver	Enforcement could cause miscarriage of justice on counsel's negotiation.	Waiver enforcement not a miscarriage under governing standards.	Enforcing waiver would not result in miscarriage of justice.

Strickland v. Washington, Tub. 466 U.S. 668 (U.S. 1984) (two-prong deficiency/prejudice standard)
Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice in guilty-plea context)
Miller v. Champion, 262 F.3d 1066 (10th Cir. 2001) (considering strength of evidence in prejudice assessment)
Heard v. Addison, 728 F.3d 1170 (10th Cir. 2013) (mere allegation of trial preference insufficient for prejudice)
Parker, 720 F.3d 781 (10th Cir. 2013) (certificate of appealability standard)
Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc reviewing waiver validity)
Cockerham, 237 F.3d 1179 (10th Cir. 2001) (waiver scope includes sentencing claims)
Viera, 674 F.3d 1214 (10th Cir. 2012) (failure-to-appeal within waiver scope)
Olano, 507 U.S. 725 (U.S. 1993) (miscarriage-of-justice standard for waivers)
Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (plea counsel must inform about penalties and consequences)