United States v. Percy Travillion
2014 U.S. App. LEXIS 12744
| 3rd Cir. | 2014Background
- Travillion was indicted in 2004 on counts including two conspiracies (Counts Nine and Thirteen) and a possession count (Count Ten) involving crack cocaine and heroin.
- Trial evidence featured wiretapped calls and testimony from Michael Good, with Travillion alleging the December 16, 2002 call referred to heroin, not crack.
- Travillion testified claiming heroin in the December 16 call; government cross-exam challenged drug type/weight.
- Travillion was convicted on all counts and sentenced to 188 months with concurrent terms and $100 assessments; on direct appeal, the conviction was affirmed.
- Travillion filed a 28 U.S.C. § 2255 motion arguing ineffective assistance of counsel (impeachment strategy and double-jeopardy challenge); the district court denied relief, and the circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective cross-examination for impeachment | Travillion claims counsel failed to use Ferguson Retrial transcripts | Travillion contends cross is deficient and prejudicial | No prejudice; trial outcome unchanged |
| Double jeopardy via two conspiracies | Travillion argues indictments 9 and 13 were duplicative | Counsel should have pre-trially challenged the conspiracies | Not prejudiced; two conspiracies distinct under Liotard factors |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (test for ineffective assistance of counsel; deficiency and prejudice)
- Liotard, 817 F.2d 1074 (3d Cir. 1987) (totality of circumstances test for double jeopardy pretrial hearing)
- Smith v. United States, 82 F.3d 1261 (3d Cir. 1996) (multi-factor test for whether two conspiracies exist)
- Becker, 892 F.2d 265 (3d Cir. 1989) (overlap of conspiracies and common objectives analysis)
- Albernaz v. United States, 450 U.S. 333 (1981) (double jeopardy in multiple punishments for same conduct)