United States v. Parker
2013 WL 3185918
10th Cir.2013Background
- Parker pled guilty to possession of 14 g crack with intent to distribute under 21 U.S.C. § 841(a)(1).
- Plea agreement dismissed two other counts in exchange for guilty plea.
- At sentencing, 765 g of crack attributed; total offense level 29, but career offender status raised to 31.
- Criminal history category VI; advisory guideline range 188–235 months; sentenced to 200 months.
- Parker did not file a direct appeal; he later moved under § 2255 challenging counsel’s performance.
- District court deemed certain ineffective-assistance claims potentially waived by the plea agreement; the government sought to enforce the waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to file an appeal, on request, constitutes ineffectiveness | Parker | Parker | Waiver enforced; no COA for failure to appeal |
| Whether counsel’s alleged mishandling of plea negotiations constitutes ineffective assistance | Parker | Parker | No prejudice shown; no COA |
Key Cases Cited
- Roe v. Flores-Ortega, 528 U.S. 470 (2000) (duty to consult on appeal when rational grounds exist)
- Hahn, 359 F.3d 1315 (10th Cir. 2004) (appellate waiver enforceability and sua sponte considerations)
- United States v. Cockerham, 237 F.3d 1179 (10th Cir. 2001) (ineffective assistance claims based on plea validity not waived)
- Viera, 674 F.3d 1214 (10th Cir. 2012) (collateral attack waiver considerations)
- Day v. McDonough, 547 U.S. 198 (2006) (courts may consider timeliness of petitions in habeas review)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)