United States v. Miles

53 F. App'x 622
CourtCourt of Appeals for the Third Circuit
DecidedNovember 12, 2002
Docket00-4201
StatusUnpublished
Cited by2 cases

This text of 53 F. App'x 622 (United States v. Miles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Miles, 53 F. App'x 622 (3d Cir. 2002).

Opinion

OPINION

COWEN, Circuit Judge.

Phillip Miles appeals from the judgment of the United States District Court for the Middle District of Pennsylvania entered on October 27, 2000 denying his motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. We agree with the District Court’s conclusion that the failure of Miles’s trial counsel either to request a cautionary addict instruction or to object to or otherwise address the improper statements made by the government during closing and rebuttal arguments did not rise to the level of constitutionally ineffective assistance. We will therefore affirm.

*624 I.

On the evening of June 5, 1997, Miles was a passenger in a car driven by Donald Hayes on 1-80 in Monroe County, Pennsylvania. The two individuals were traveling from Paterson, New Jersey, to their hometown of Dillon, South Carolina. Pennsylvania State Police Troopers Paul Semler and Sherry Palmer stopped the car for a traffic violation shortly before midnight. Hayes consented to a search of the car. The search uncovered a crack pipe on the driver’s side of the car, a loaded .380 caliber handgun behind the glove box, and approximately 215 grams of crack cocaine behind the plastic housing separating the trunk from the vehicle’s frame and wheel wells.

A federal grand jury for the Middle District of Pennsylvania returned an indictment against Hayes and Miles charging the two individuals with three counts: (1) conspiracy to possess with intent to distribute crack cocaine in violation of 21 U.S.C. § 846; (2) possession with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii); and (3) knowingly carrying a firearm in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1). On October 6, 1997, pursuant to a plea agreement, Hayes pled guilty to the second count of the indictment. Judge Nealon accepted the plea and scheduled his sentencing for December 22, 1997. Hayes agreed to cooperate with the government by, among other things, providing truthful information regarding the drug run between New Jersey and South Carolina.

Miles was tried before Judge Nealon. John A. Bednarz, Jr., Esq., represented Miles, and Assistant United States Attorney Malachy Mannion, Esq., appeared on behalf of the government. In addition to other witnesses, both Hayes and Miles testified. The primary issue at trial was whether Miles knew that he and Hayes were transporting drugs. Hayes testified that he drove Miles, who carried the .380 caliber handgun, from South Carolina to New Jersey so that Miles could purchase crack cocaine. Miles, however, denied knowledge of any drugs. He said that he believed Hayes was merely visiting his mother in Paterson and that he accompanied him in order to see a “big city.”

The prosecutor examined Hayes regarding his history of drug use. Hayes testified that he started using marijuana when he was fourteen years old and began to snort cocaine after he left the army in 1984. Hayes stated that he has been smoking crack cocaine for about ten or eleven years. He admitted that he used drugs in the weeks prior to the trip to Paterson. He further testified that he actually bought some crack cocaine from Miles immediately before they drove from Dillon to Paterson. According to Hayes, Miles asked Hayes to drive him to “New York,” and Hayes agreed because he was angry with his wife and he was “going to get some crack out of it.” App. at 182. Hayes also stated that he smoked some of the crack cocaine subsequently found in the car in order to test its quality.

Miles’s trial counsel specifically cross-examined Hayes regarding his use of drugs. He asked several questions about how Hayes supported his crack cocaine habit. Hayes denied ever selling crack cocaine in order to purchase drugs, and he stated that he worked as a gravedigger in order to pay for drugs. He also admitted that he previously accompanied Lorenzo Bethay on a couple of drug runs to Paterson and New York in exchange for $70.00 and crack cocaine. Hayes said that he used the crack pipe found in the car on the night before he drove to Paterson. Miles’s trial counsel further inquired into Hayes’s asserted reasons for driving Miles to and *625 from New Jersey. Hayes testified that he went with Miles because he was high. He explained that, “Well, within recently, I was starting to find myself getting high a lot.” Id. at 228. Miles’s trial counsel asked Hayes how much money he spent per day on crack cocaine, and Hayes was unable to give an amount. He did say that he could make enough money from digging graves “to get what I — what I want to get.” Id.

Following the completion of testimony, the prosecutor offered the government’s closing argument. Miles challenges a number of statements in this closing argument. On more than one occasion, the prosecutor compared Miles’s testimony with the “absurd and ridiculous” excuse that a dog ate your homework. Id. at 440. The prosecutor also made a comparison between Hayes and Miles, concluding with a comment regarding Miles’s unemployment. 1

The prosecutor further addressed the credibility of Hayes:

[Hayes] pled guilty to his involvement in this case, but he’s not the dealer, he’s not capable of having this kind of money, he’s not capable of having this quantity of drugs. Dealers don’t usually smoke their own stuff.
[Hayes] doesn’t have the capability of doing any more than sucking that [crack cocaine] down his nostrils and driving other people there. Do you know what? In drug deals, you don’t often know what’s going on or where they’ve been....

Id. at 442-43. He subsequently turned to Miles’s claim on both direct and cross examination that, even though he had pled guilty to a South Carolina gun charge, he did not commit this previous crime:

And I would submit to you that the evidence shows that what Miles wants to do is he wants to reconstruct the facts of yesterday to meet his needs, today. He told you, he’s on probation from his gun charge, he can’t afford this charge, not only for his own problems, but for the problems it gives him on his other charge. The one, of course, that he didn’t do, he pled guilty to. I could just see that Judge down there, during the plea, as Miles is saying, I didn’t do it, but I’m going to plead guilty. I’ve never seen a Judge accept a guilty plea from anyone who doesn’t admit that they, in fact, did it.

Id. at 453. The prosecutor also claimed as part of his closing argument that:

... We do have an insider who’s telling us that; that’s Hayes. Yes, he’s getting something for his deal. He pled guilty to one of the counts in the indictment, and he’s hoping to get cooperation.

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Related

Kindler v. Horn
291 F. Supp. 2d 323 (E.D. Pennsylvania, 2003)
Miles v. United States
538 U.S. 968 (Supreme Court, 2003)

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Bluebook (online)
53 F. App'x 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-miles-ca3-2002.