United States v. Tate
4:15-cr-00634
S.D. Tex.Jul 7, 2021Background
- DeAngelo Tate pleaded guilty (Dec. 16, 2016) to sex trafficking of a minor in violation of 18 U.S.C. §§ 1591(a)(1), (b)(2); sentenced Feb. 17, 2017 to 220 months’ imprisonment plus ten years supervised release.
- Tate’s direct appeal was dismissed as frivolous under Anders; his plea agreement waived most appeals and collateral review but reserved ineffective-assistance claims.
- Tate filed a pro se § 2255 petition alleging ineffective assistance of trial counsel: poor communication/coercion into plea, inadequate investigation, failure to secure a better plea, and deficient sentencing advocacy (preparation, PSR objections, failure to argue substantive unreasonableness).
- The plea colloquy and record show Tate admitted the factual basis, affirmed satisfaction with counsel, and acknowledged that sentencing (10 years–life) would be determined later and counsel’s estimates were not guarantees.
- At sentencing counsel objected to PSR enhancements; the court acknowledged guideline anomalies, imposed a variance, and sentenced Tate to 220 months (below the applicable guideline range argued by the Government).
- The district court denied the § 2255 motion, granted the Government’s motion for judgment on the record, dismissed the case with prejudice, denied a certificate of appealability, and denied an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument (Tate) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Ineffective assistance re: guilty plea (communication/coercion) | Counsel coerced plea by promising 120 months if guilty and life if tried; counsel failed to communicate consequences | Record (plea colloquy) shows Tate was satisfied with counsel, admitted factual basis, and was explicitly warned sentencing was 10 years–life and counsel’s estimates were not guarantees | Court: Claim is conclusory and refuted by the record; no Strickland deficiency or prejudice; denied |
| Failure to investigate /call witnesses | Counsel failed to interview witnesses (victim, mother, wife) and investigate facts that would show victim represented herself as an adult | Tate does not show counsel was unaware of these facts or that additional investigation would likely change the result | Court: Conclusory; no showing of deficient performance or reasonable probability of different outcome; denied |
| Failure to obtain a favorable plea agreement | With more investigation counsel could have negotiated a better plea | No specificity about what investigation would have produced or how it would yield a better plea | Court: Unsupported and speculative; no Strickland relief |
| Ineffective assistance at sentencing (preparation/PSR objections) | Counsel failed to prepare, did not properly object to PSR, and failed to argue substantive unreasonableness | Record shows counsel was prepared, presented mitigation, raised objections to PSR (obstruction and repeat-offender enhancements), and resulted in a below-guidelines sentence via variance | Court: Counsel’s performance was reasonable; no prejudice shown; sentencing claims denied |
| Request for evidentiary hearing | Tate sought hearing to prove his allegations | Government argued record resolves the claims | Court: Hearing denied because claims are resolvable on the record |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard applied to guilty-plea challenges)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (defendant must show rejecting plea would have been rational)
- Lee v. United States, 137 S. Ct. 1958 (2017) (courts should rely on contemporaneous evidence about defendant’s plea decision)
- Harrington v. Richter, 562 U.S. 86 (2011) (likelihood of different result must be substantial, not merely conceivable)
- Cullen v. Pinholster, 563 U.S. 170 (2011) (errors must so undermine adversarial process that result is unreliable)
- Blackledge v. Allison, 431 U.S. 63 (1977) (solemn statements made under oath carry a strong presumption of verity)
- Anders v. California, 386 U.S. 738 (1967) (procedures when counsel seeks to withdraw from frivolous appeal)
- Glover v. United States, 531 U.S. 198 (2001) (prejudice at sentencing if counsel’s error increased prison term)
- United States v. Cervantes, 132 F.3d 1106 (5th Cir. 1998) (requirements for proving alleged promises inconsistent with plea colloquy)