Zandi v. United States, 460 F. App'x 51

Zandi, a pro se petitioner, challenged a June 17, 2010 district court judgment denying his 28 U.S.C. § 2255 motion.
The certificate of appealability limited appeal to the issue of ineffective assistance of counsel.
The court reviews district court findings of fact for clear error and legal conclusions de novo in § 2255 appeals.
Strickland requires showing deficient performance and prejudice; prejudice in plea contexts may be shown if, but for counsel’s errors, the defendant would have pled guilty.
Zandi claimed his attorney failed to convey a potential plea offer and that sentencing disparities with cooperating co-defendants showed prejudice.
The court held Zandi failed to prove what sentence a plea would have yielded or that a plea offer existed, and affirmed the district court’s denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there prejudice from alleged failure to convey a plea offer?	Zandi argues he would have accepted a plea but for counsel's failure.	USA contends no evidence of an actual plea offer; abstaining from speculation defeats prejudice.	No prejudice; no evidence of an actual plea offer or credible expected sentence.
Did Zandi establish a credible plea or cooperation that would have yielded a better outcome?	Cooperation disparity suggests he would have pled if advised.	Cooperation outcomes and sentencing are speculative without proof of a satisfactory government acceptance.	Insufficient evidence that a plea or cooperation would have produced a different result.
Did the district court err in denying an evidentiary hearing on the § 2255 claims?	Hearing necessary to develop proof of possible plea and prejudice.	Record shows no basis for a hearing; proffers fail to show likely acceptance of a plea.	No error; futility of further proceedings established.
Did the district court improperly limit Zandi’s ability to file supporting documents in the § 2255 proceeding?	District court hindered submission of evidence and memorandum.	Record shows no actual prevention; any failure was Zandi’s own doing.	No reversible error; documents would not have altered the result.

Yick Man Mui v. United States, 614 F.3d 50 (2d Cir. 2010) (dominant standard for reviewing factual findings in § 2255 appeals)
Chang v. United States, 250 F.3d 79 (2d Cir. 2001) (mixed question standard for ineffective assistance of counsel)
Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (ineffective assistance standard: deficient performance and prejudice)
Raysor v. United States, 647 F.3d 491 (2d Cir. 2011) (prima facie plea evidence may suffice if supported by objective indicators)
Puglisi v. United States, 586 F.3d 209 (2d Cir. 2009) (plea evidence must be credible and supported by objective factors)
Cullen v. United States, 194 F.3d 401 (2d Cir. 1999) (innocence can affect assessment of likelihood of pleading guilty)