United States v. Sidney Greene
707 F. App'x 445
| 9th Cir. | 2017Background
- Sidney Greene pleaded guilty pursuant to a plea agreement that reserved the court’s authority to impose conditions of supervised release but did not specify those conditions.
- After sentencing, the district court imposed a condition requiring Greene to perform 700 hours of community service during seven years of supervised release.
- Greene filed a 28 U.S.C. § 2255 motion challenging the community service requirement as beyond the plea agreement and arguing Rule 11/plea-negotiation misconduct.
- Greene also asserted ineffective assistance of counsel for defense counsel’s failure to object to the community service requirement and the court’s pre-notification of counsel.
- The district court denied relief; the Ninth Circuit reviewed the denial and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 700‑hour community service requirement exceeded the plea agreement | Greene: community service was not within the plea’s contemplated conditions and thus exceeded the agreement | Government: plea explicitly allowed conditions of supervised release; community service is a permitted condition | Court: Affirmed — community service was within the plea’s scope and court discretion to set terms |
| Whether the district court’s notification to counsel constituted improper participation in plea negotiations or violated Rule 11 | Greene: court’s pre-notification equated to negotiating or altering the plea terms | Government: court merely informed counsel of its intended exercise of discretion after plea was final | Court: Affirmed — notification did not amount to participation in negotiations or Rule 11 violation |
| Whether 700 hours of community service was unreasonable or unduly punitive | Greene: 700 hours is excessive and punitive (guidelines discourage >400 hours) | Government: guidelines discourage but do not prohibit >400 hours; community service serves non‑punitive purposes | Court: Affirmed — 700 hours (≈2 hrs/week over 7 years) not unreasonable or impermissibly punitive |
| Whether counsel rendered ineffective assistance by not objecting | Greene: counsel’s failure to object was objectively unreasonable and prejudiced him | Government: declining to object was reasonable; Greene cannot show a reasonable probability of a different result or that he would have withdrawn plea | Court: Affirmed — no deficient performance or prejudice under Strickland/Hill |
Key Cases Cited
- United States v. Vega, 545 F.3d 743 (9th Cir. 2008) (community service can serve non‑punitive, rehabilitative purposes and >400 hours is not prohibited)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel: deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice inquiry in plea‑withdrawal context requires showing defendant would have gone to trial)
- United States v. Rodriguez‑Vega, 797 F.3d 781 (9th Cir. 2015) (discusses plea‑withdrawal and prejudice standards)
- United States v. Randock, [citation="330 F. App'x 628"] (9th Cir. 2009) (unpublished decision where community service fell outside a plea agreement that specifically specified supervised‑release terms)