Petrillo v. United States

147 F. Supp. 3d 9, 2015 U.S. Dist. LEXIS 159644, 2015 WL 7574744
CourtDistrict Court, D. Connecticut
DecidedNovember 25, 2015
DocketCivil No. 3:08-cv-1204 (JBA)
StatusPublished
Cited by6 cases

This text of 147 F. Supp. 3d 9 (Petrillo v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petrillo v. United States, 147 F. Supp. 3d 9, 2015 U.S. Dist. LEXIS 159644, 2015 WL 7574744 (D. Conn. 2015).

Opinion

RULING ON PETITIONER’S AMENDED MOTION UNDER § 2255

Janet Bond Arterton, United States District Judge.

On January 20, 2015, this Court denied Petitioner Lucian Petrillo’s Motion [Doc. #32] to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 on the grounds that Mr. Petrillo had waived his right to collaterally attack his sentence in [12]*12his Plea Agreement. . (Order Denying § 2255 Pet. [Doc. # 47] at 1.) On March 18, 2015, the parties jointly moved for reconsideration of that ruling, as the Government “no longer [sought] to enforce the collateral attack[ ] waiver” as to claims of ineffective assistance of counsel. (Jt. Mot-. Recons. [Doc. # 48] at 1.) The Court granted the parties’ motion on March 19, 2015. (Order Granting Jt. Mot. Recons. [Doc. #49] at 1.) Petitioner filed supplemental briefing [Doc. # 51] on April 30, 2015, and then a motion to amend [Doc. #59] his § 2255 petition in light of the Supreme Court’s decision in Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). The Government opposes1 [Doc. # 64]. For the reasons that follow, Petitionier’s motion to amend his petition and his petition are GRANTED.

I. Background

On December 13, 2005, Mr. Petrillo was indicted on three counts of bank robbery, in violation of 18 U.S.C. § 2113(a), and four counts of aggravated bank robbery, in violation of 18 U.S.C. §§ 2113(a) and (d), arising out of-a spree of seven bank robberies he committed between February 14, 2005; and March 14, 2005. On August 31, 2006, after, a Rule 11 hearing, Mr. Petrillo pled guilty, pursuant to a plea agreement, to all seven counts. On November 21, 2006, this Court, oh the basis of the parties’ agreement that Mr. Petrillo was a career offender under the sentencing guidelines, sentenced Mr. Petrillo to 188 months on all counts, to run concurrently. Mr. Petrillo immediately appealed, but his appeal was dismissed [Doc. # 41] by the Second Circuit on September 17, 2008 as barred by the waiver of appellate rights contained in his plea agreement.

II. Discussion

Section 2255 allows prisoners in federal custody to move for their sentences to be vacated, set:aside, dr corrected if their “sentence was. imposed in violation of the Constitution or laws of the United States, or ... the court was without jurisdiction to impose such sentence, or ... the sentence was in excess of the maximum authorized by law,’ or is otherwise subject to collateral attack.” 28 U.S.C. § 2255(a). Because Mr. Petrillo raises distinct arguments in his first and second amended petitions, each will be addressed separately.2

A. Arguments From the First Amended Petition [Doc. # 32]

■ In his first Amended Petition, Mr. Pe-trillo argues that he was sentenced in violation of his Sixth Amendment right to effective assistance of counsel. A petitioner seeking to bring an ineffective assistance claim must satisfy two prongs: (1) “the defendant must show, that counsel’s representation fell below an objective standard of reasonableness;” and (2) the defendant must demonstrate that “any deficiencies in counsel’s performance [were] prejudicial to the 'defense.” Strickland v. Washington, 466 U.S. 668, 688 & 692, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). A court assessing such a claim “must be highly deferential” to counsel, must make “every effort ... to eliminate the distorting effects of hindsight, to reconstruct the circumstances of [13]*13counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time,” and must “indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. at 689, 104 S.Ct. 2052.

. Petitioner makes three claims of ineffective assistance. The Court has already rejected [Doc. #47] the first claim, ineffective assistance of counsel with regard, to counsel’s explanation to Petitioner of the details of the collateral attack waiver. Petitioner’s second claim is that “his,counsel did not investigate his mental health and fully present that issue to the Court as a mitigating factor at sentencing.” (Am. § 2255 Pet. at 5.) Petitioner’s final argument is that his counsel was ineffective in acquiescing at sentencing to a career offender designation. (Id. at 6.) The Government opposes Petitioner’s motion, arguing that Petitioner’s trial counsel acted within the objective reasonableness standard] and even if he did not, Petitioner has not established prejudice.

1. Mental Health History

Petitioner contends that his .-counsel should have highlighted his mental health history as a mitigating factor at sentencing, and that his counsel was ineffective for failing to do so. Petitioner asserts that at the time of his criminal conduct] he had a mental illness that likely influenced his criminal conduct; that his counsel should have obtained an expert regarding this issue; and that such expert would likely have been able to relate his drag addiction to his mental health illness. (Suppl. Am. § 2255 Pet. [Doc. # 51] at 8.) In support of this argument, Petitioner offers a statement from a BOP treatment provider asserting that Petitioner’s mental health treatment in prison influenced' him to make positive changes, and it is possible that it “may have influenced him to make better decisions were he receiving it in the past.” (Id. at 6.) Mr. Petrillo maintains that the opinion from the BOP treatment provider undermines confidence in the sentencing outcome and “compel[s] vacating the sentence and conducting a resentenc-ing.” (Id. at 8.) -

This argument, however, fails to satisfy both the performance and prejudice prongs of Strickland. With respect to the performance component of Strickland, counsel acted reasonably in choosing a strategy that did not focus on Petitioner’s mental health. Instead of attempting to illustrate Petitioner’s history 'of traumatic events and mental health problems as mitigating factors, counsel emphasized Petitioner’s drag addiction. (Pet’r’s Att’y’s Aff. [Doc. # 56] ¶ 5.) According to his testimony, counsel sought to portray the robberies as aberrant behavior caused by Petitioner’s relapse with drugs, and he believed that bringing up a history of mental illness would have undermined that argument. (Id. ¶ 6.)

It is not ineffective assistance of counsel for an attorney to make the decision to promote one mitigating factor at sentencing over another. Strickland, 466 U.S. at 699, 104 S.Ct. 2052. In fact, such a strategic choice is “virtually unchallengeable,” Id. at 690, 104 S.Ct. 2052. Counsel claims that Petitioner never told him that his past emotional trauma was in any way linked to his spree of robberies, and counsel exercised his professional judgment ip focusing on Petitioner’s drag addiction rather than his mental health. (Pet’r’s Att’y’s Aff.

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Bluebook (online)
147 F. Supp. 3d 9, 2015 U.S. Dist. LEXIS 159644, 2015 WL 7574744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petrillo-v-united-states-ctd-2015.