United States v. Moya
2012 U.S. App. LEXIS 7569
| 10th Cir. | 2012Background
- Moya was indicted on three counts: felon in possession of a firearm, possession with intent to distribute cocaine base, and carrying a firearm during a drug-trafficking crime.
- He pleaded guilty to the cocaine-base charge after unsuccessfully moving to suppress evidence.
- The plea agreement dismissed the other counts, set a 15-year sentence, and waived appeal rights and departure benefits.
- The district court sentenced him to 15 years plus four years of supervised release.
- Moya filed a § 2255 motion alleging ineffective assistance of counsel and requested discovery and an evidentiary hearing; the district court denied both.
- On appeal, Moya seeks a COA arguing denial of an evidentiary hearing and ineffective assistance related to his plea negotiations and Amendment 651 considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the COA should be granted on the evidentiary-hearing and ineffective-assistance claims. | Moya alleges counsel failed to negotiate a plea preserving appeal and a downward departure. | Moya cannot show prejudice; claims lack factual support. | COA denied; no reasonable jurist could debate district court’s denial. |
| Whether defendant showed prejudice under Strickland/Hill to support ineffective assistance. | Moya asserts counsel's failures affected plea and possible outcomes. | No showing that lack of counsel would have changed plea or outcomes. | Prejudice not shown; ineffective-assistance claims meritless. |
| Whether the district court abused its discretion in denying an evidentiary hearing. | District court should have held an evidentiary hearing on claims. | Allegations are conclusory; no need for an evidentiary hearing. | No abuse of discretion; hearing not required. |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (2000) (COA standard for substantial showing of denial of a constitutional right)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice when guilty plea entered under ineffective assistance)
- Missouri v. Frye, 566 U.S. 134 (2012) (prejudice standard for plea-based ineffectiveness (new Frye test))
- Lafler v. Cooper, 566 U.S. 156 (2012) (prejudice standard for choosing trial over plea)
- United States v. Harms, 371 F.3d 1208 (10th Cir. 2004) (abuse of discretion standard for denying evidentiary hearings)
- United States v. Cervini, 379 F.3d 987 (10th Cir. 2004) (evidentiary-hearing decisions in § 2255 cases)
- United States v. Mora, 293 F.3d 1213 (10th Cir. 2002) (general rule about addressing new arguments on appeal)
- United States v. Fischer, 38 F.3d 1144 (10th Cir. 1994) (requirement of factual pleading to state a valid § 2255 claim)