United States v. Hartsfield

160 F. Supp. 3d 1315, 2016 U.S. Dist. LEXIS 12936, 2016 WL 409629
CourtDistrict Court, M.D. Florida
DecidedFebruary 3, 2016
DocketCASE NO. 8:12-cr-85-T-23TGW; 8:14-cv-1295-T-23TGW
StatusPublished
Cited by1 cases

This text of 160 F. Supp. 3d 1315 (United States v. Hartsfield) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hartsfield, 160 F. Supp. 3d 1315, 2016 U.S. Dist. LEXIS 12936, 2016 WL 409629 (M.D. Fla. 2016).

Opinion

[1316]*1316ORDER

STEVEN D. MERRYDAY, UNITED STATES DISTRICT JUDGE

Hartsfield pleaded guilty with the benefit of a plea agreement and, as a consequence, stands convicted of both possession of marijuana and possession of a firearm by a convicted felon in violation of 18- U.S.C. § 922(g). Hartsfield serves 188 months as an armed career criminal. Hartsfield’s motion to vacate under 28 U.S.C. § 2255 (Doc. 1) challenges the validity of his sentence under the Armed Career Criminal Act (“ACCA”). The motion to vacate lacks merit.

I. FACTS1

On or about January 2, 2012, the defendant was a passenger in a car pulled over by officers from the Clearwater Police Department within the Middle District of Florida. Based on the smell of marijuana emanating from the vehicle, the officers ultimately searched the car and found a purple bag on the floor of the back seat. Inside that bag, the officers found 10 baggies of marijuana that were packaged for distribution. Also inside of the purple bag, underneath the baggies containing the marijuana, was a loaded, 45 caliber Springfield Armory pistol. As the officers placed the defendant in handcuffs, the defendant stated, “[I]t’s all mine.... There’s some weed in there, some weed and a gun.” Later, in a post-Miranda statement to the officers, the defendant further admitted to having recently bought the gun, but had it as a “coincidence.” Finally, the .45 caliber Springfield Armory pistol and its ammunition were manufactured outside the state of Florida, so both the firearm and ammunition would have traveled in and otherwise affected interstate or foreign commerce to be in the defendant’s possession on or about January 2, 2012.

At sentencing Hartsfield offered no objection to the above facts as repeated in the pre-sentence investigation report (“PSI”).2 Hartsfield alleges that trial counsel rendered ineffective assistance at sentencing by not challenging the applicability of the ACCA.

II. INEFFECTIVE ASSISTANCE OF COUNSEL

Hartsfield asserts a claim of ineffective assistance of counsel, a difficult claim to sustain. “[T]he cases in which habeas petitioners can properly prevail on the ground of ineffective assistance of counsel are few and far between.” Waters v. Thomas, 46 F.3d 1506, 1511 (11th Cir.1995) (en banc) (quoting Rogers v. Zant, 13 F.3d 384, 386 (11th Cir.1994)). Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), governs an ineffective assistance of counsel claim, as Sims v. Singletary, 155 F.3d 1297, 1305 (11th Cir.1998), explains:

The law regarding ineffective assistance of counsel claims is well settled and well documented. In Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court set forth a two-part test for analyzing ineffective assistance of counsel claims. According to Strickland, first, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious [1317]*1317that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Strickland, 466 U.S. at 687, 104 S.Ct. 2062.

Strickland requires proof of both deficient performance and consequent prejudice. Strickland, 466 U.S. at 697, 104 S.Ct. 2052 (“There is no reason for a court deciding an ineffective assistance claim.. .to address both components of the inquiry if the defendant makes an insufficient showing on one.”); Sims, 155 F.3d at 1305 (“When applying Strickland, we are free to dispose of ineffectiveness claims on either of its two grounds.”). “[Cjounsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” Strickland, 466 U.S. at 690, 104 S.Ct. 2052. “[A] court deciding an actual ineffectiveness claim must judge the reasonableness of counsel’s challenged conduct on the facts of the particular case, viewed as of the time of counsel’s conduct.” 466 U.S. at 690, 104 S.Ct. 2052. Strickland requires that “in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance.” 466 U.S. at 690, 104 S.Ct. 2052.

Hartsfield must demonstrate that counsel’s alleged error prejudiced the defense because “[a]n error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment.” 466 U.S. at 691-92, 104 S.Ct. 2052. To meet this burden, Hartsfield must show “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” 466 U.S. at 694, 104 S.Ct. 2052.

Although the Strickland standard controls a claim that counsel was ineffective for recommending that a client plead guilty, Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985), Agan v. Singletary, 12 F.3d 1012 (11th Cir.1994), the quantum of evidence needed to prove both deficient performance and prejudice is different. “[Cjounsel owes a lesser duty to a client who pleads guilty than to one who decided to go to trial, and in the former case counsel need only provide his client with an understanding of the law in relation to the facts, so that the accused may make an informed and conscious choice between accepting the prosecution’s offer and going to trial.” Wofford v. Wainwright, 748 F.2d 1505, 1508 (11th Cir.1984). To prove prejudice, “the defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. at 59, 106 S.Ct. 366.

III. GUILTY PLEA

Hartsfield pleaded guilty and accepted the above factual basis. Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973), holds that a guilty plea waives a non-jurisdictional defect: [1318]*1318This waiver of rights precludes most challenges to the conviction.

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Bluebook (online)
160 F. Supp. 3d 1315, 2016 U.S. Dist. LEXIS 12936, 2016 WL 409629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hartsfield-flmd-2016.