Wilson Daniel Winthrop-Redin v. United States
767 F.3d 1210
11th Cir.2014Background
- Winthrop-Redin, a Panamanian crew member on M/V Olympiakos, pled guilty to conspiracy to possess ≥5 kg of cocaine; plea agreement waived most appeals and included a voluntariness clause.
- At a thorough Rule 11 plea colloquy he swore under oath his plea was knowing and voluntary and that he had not been threatened.
- He was sentenced to 168 months; his direct appeal was dismissed under the appeal waiver.
- More than two years later he filed a § 2255 motion alleging his plea was coerced by death threats from the vessel’s captain (an FBI/DEA informant) and that counsel was ineffective for advising him not to tell the court and for failing to contact foreign consulates.
- The district court denied relief without an evidentiary hearing, finding the new allegations conclusory, inconsistent with the plea colloquy, and not specifically tied to the decision to plead.
- This court granted a COA limited to whether Winthrop-Redin was entitled to an evidentiary hearing on involuntariness and ineffective assistance claims and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing was required on claim that plea was involuntary due to death threats | Winthrop-Redin: threats from captain and calls to family coerced him into pleading guilty | Government: allegations are conclusory, contradicted by plea colloquy, and do not connect threats to plea decision | No hearing; allegations were conclusory/incredible and contradicted by sworn Rule 11 statements |
| Whether ineffective assistance based on counsel advising not to tell judge about threats warrants a hearing | Winthrop-Redin: counsel misadvised him not to disclose threats, causing him to plead under duress | Government: no specific allegation that advice affected the plea; counsel could reasonably advise silence; disclosure might have harmed client | No hearing; no specific allegation linking advice to decision to plead and counsel's advice was within reasonable judgment |
| Whether failure to contact Panamanian/Colombian consulates requires a hearing | Winthrop-Redin: counsel failed to contact consulates for help/notification | Government: petitioner alleges no factual benefit or prejudice from such contact | No hearing; no specific facts showing prejudice or what consulates would have done |
| Whether § 2255(b) mandates hearing where petitioner submits only affidavit contradicting plea colloquy | Winthrop-Redin: his affidavit and later reply recount threats and family reports | Government: single self-serving affidavit cannot overcome sworn courtroom statements | No hearing; court may deny hearings when allegations are conclusory, unsupported, or contradicted by record |
Key Cases Cited
- Aron v. United States, 291 F.3d 708 (11th Cir. 2002) (standard for § 2255 evidentiary hearings)
- Machibroda v. United States, 368 U.S. 487 (1962) (pleas induced by threats are void)
- Blackledge v. Allison, 431 U.S. 63 (1977) (finality of plea colloquy and need for specificity in collateral attacks)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for challenges to guilty pleas)
- Holmes v. United States, 876 F.2d 1545 (11th Cir. 1989) (conclusory allegations need not trigger hearing)