United States v. Wilkins
948 F. Supp. 2d 87
D. Mass.2013Background
- Wilkins seeks a Certificate of Appealability under 28 U.S.C. § 2253 to appeal the denial of his § 2255 petition to vacate his guilty plea.
- His § 2255 claims allege the plea was involuntary due to government failure to uncover/turn over evidence that state chemist Annie Dookhan tampered with drug samples.
- The district court denied the petition; the opinion cites United States v. Wilkins, 943 F. Supp. 2d 248 (D. Mass. 2013).
- The involuntariness standard relies on Brady v. United States and the Ferrara two-pronged test for government misconduct pre-plea.
- At the time of the plea, the government knew only of a disciplinary letter about Dookhan, not that samples were compromised.
- The court grants a COA on the involuntariness issue but denies a COA on the Brady impeachment issue under United States v. Ruiz.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Involuntariness of the plea due to government misconduct | Wilkins | Wilkins cannot show egregious misconduct or that it affected his decision | COA granted on involuntariness |
| Brady impeachment evidence and pre-plea rights | Wilkins | No constitutional right to impeachment evidence before plea | COA denied on Brady issue |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (2000) (standard for substantial showing for a COA)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (debatable outcome even if unlikely to prevail)
- Ferrara v. United States, 456 F.3d 278 (1st Cir. 2006) (two-pronged test for involuntary plea due to government misconduct)
- United States v. Carrington, 96 F.3d 1 (1st Cir. 1996) (standard for motions to withdraw guilty pleas)
- United States v. Ruiz, 536 U.S. 622 (2002) (no pre-trial impeachment disclosure requirement in pleas)