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Slip Opinion
N.D. Ga.
Jun 4, 2019
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Background

  • Movant Eddie Sylvester Steele was convicted after jury trial of Hobbs Act robbery (18 U.S.C. § 1951) and brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)) for a cell-phone store robbery in East Point, Georgia.
  • District court sentenced Steele to 108 months; the Eleventh Circuit affirmed on direct appeal.
  • Steele filed a 28 U.S.C. § 2255 motion asserting ineffective assistance of counsel during closing: (1) counsel failed to argue the gun was fake, (2) counsel said it did not matter whether the gun was real or fake, and (3) counsel failed to hire a firearms expert to opine the gun was fake.
  • The Magistrate Judge recommended denial of the § 2255 motion, finding counsel’s tactical choices were reasonable given the evidence and that Steele’s only evidence the gun was fake was his own inconsistent testimony; the clerk testified the gun looked real.
  • The Magistrate also found any misleading closing argument was cured by the court’s jury instruction defining "firearm," and an expert could not examine a gun that had not been recovered.
  • The district court reviewed Steele’s objections, adopted the R&R, denied the § 2255 motion and appointment of counsel, and declined a certificate of appealability.

Issues

Issue Steele's Argument United States' Argument Held
Whether counsel was deficient for not arguing the gun was fake in closing Counsel should have argued the gun was fake to negate brandishing Reasonable strategy to emphasize coercion and avoid unreliable claim that gun was fake; evidence favored it looked real Denied — tactical choice reasonable given record
Whether counsel misstated law by saying it did not matter if gun was real or fake Statement undermined defense; prejudiced jury Any confusion cured by correct jury instruction on "firearm" definition Denied — jury instruction cured any error
Whether counsel was ineffective for failing to call a firearms expert An expert could have shown the gun was fake and created reasonable doubt Gun was not recovered; expert testimony unavailable and speculative Denied — expert unavailable without the gun
Whether § 2255 proceedings warrant appointment of counsel or COA Steele requested counsel and COA to appeal denial No arguable merit; appointment unnecessary; COA not warranted Denied — no COA; counsel not appointed

Key Cases Cited

  • United States v. Raddatz, 447 U.S. 667 (1980) (district court may accept, reject, or modify magistrate judge recommendations and reviews objections de novo)
  • Marsden v. Moore, 847 F.2d 1536 (11th Cir. 1988) (objections to a magistrate's report must be specific; frivolous or general objections need not be considered)
  • United States v. Almanzar, 634 F.3d 1214 (11th Cir. 2011) (presumption that juries follow proper jury instructions)
  • Johnson v. Alabama, 256 F.3d 1156 (11th Cir. 2001) (a proper jury instruction can cure an inaccurate attorney statement during closing argument)
Read the full case

Case Details

Case Name: United States v. Steele
Court Name: District Court, N.D. Georgia
Date Published: Jun 4, 2019
Citation: 1:14-cr-00147
Docket Number: 1:14-cr-00147
Court Abbreviation: N.D. Ga.
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