United States v. Peppers

273 F. App'x 155
CourtCourt of Appeals for the Third Circuit
DecidedApril 8, 2008
DocketNo. 06-1810
StatusPublished
Cited by2 cases

This text of 273 F. App'x 155 (United States v. Peppers) 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. Peppers, 273 F. App'x 155 (3d Cir. 2008).

Opinion

OPINION

DIAMOND, District Judge.

Ronnie Peppers appeals from the denial of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. We granted a certificate of appealability (“COA”) solely on two of Peppers’ ineffective assistance of counsel claims1: (1) that counsel misinformed him as to the application of the Armed Career Criminals Act (“ACCA”), 18 U.S.C. § 924(e)(2)(B), and the list of predicate offenses set forth in the Felony Information; and, (2) that counsel failed to challenge the applicability of the ACCA on appeal. For the reasons set forth below, we will affirm the district court’s denial of Peppers’ § 2255 motion.

I.

Because we write principally for the parties, we will state only the facts necessary for our analysis. In November of 2000, Peppers was found guilty by a jury on all counts of a nine-count superseding indictment charging him with numerous drug [157]*157and firearms offenses, including, inter alia, a charge of causing a death through the use of a firearm during and in relation to a drug trafficking offense. He was sentenced to an aggregate term of life imprisonment plus five years. On appeal, Peppers was represented by appointed counsel who secured a reversal of the conviction and sentence and obtained a new trial because of the district court’s denial of Peppers’ motion to represent himself at trial. At Peppers’ request, his appellate attorney was appointed to represent him on remand.

Peppers’ appointed attorney filed numerous pretrial motions on his behalf and ultimately negotiated a written plea agreement by which Peppers agreed to plead guilty to a one-count felony information charging him with being an armed career criminal in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1), and the government agreed to move for dismissal of all nine counts of the superseding indictment at the time of sentencing. Pursuant to Fed.R.Crim.P. 11(c)(1)(C), the parties expressly stipulated that the plea was conditioned upon the district court sentencing Peppers to a term of imprisonment of fifteen years to be served consecutively to any unserved sentences for parole violations or other offenses.2

In accordance with the plea agreement, the district court subsequently sentenced Peppers to a term of imprisonment of 180 months and granted the government’s motion to dismiss all nine counts of the superseding indictment. Peppers’ appeal on the issue of the constitutionality of the ACCA was rejected and his conviction and judgment of sentence were affirmed by this Court.

Peppers then filed the instant § 2255 motion raising fifteen grounds for relief, including seven claims of ineffective assistance of counsel. The district court denied this motion in its entirety. Presently before us are the two ineffective assistance of counsel claims which we certified for appeal. The district court denied those claims on the ground that Peppers knowingly and voluntarily admitted during the plea colloquy that three of his prior convictions qualified as predicate offenses triggering the enhanced penalty under the ACCA.3

II.

We have appellate jurisdiction in this case under 28 U.S.C. §§ 1291, 2253 and 2255. Because the issues identified in the COA are purely legal, our review is plenary. United States v. Otero, 502 F.3d 331, 334 (3d Cir.2007).

In order to prevail on an ineffective assistance of counsel claim, Peppers must [158]*158establish both: (1) that his counsel’s performance was deficient, i.e., that it fell below an objective standard of reasonableness; and, (2) that his counsel’s deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under the circumstances of this case, we conclude that Peppers has established neither.

III.

Peppers devotes nearly his entire brief to the argument that two of the three underlying offenses found by the district court to be predicate offenses triggering the ACCA fail to qualify as such offenses under that statute. However, whether Peppers’ prior convictions were improperly found to qualify as predicate offenses is not the issue before us.

As the district court correctly noted, Peppers knowingly and voluntarily admitted at the plea hearing that he had at least three prior predicate offenses. This admission was sufficient to trigger the application of the ACCA and obviated the need for the district court to undertake the categorical approach for determining whether those offenses qualify as predicate offenses under Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). We note that Peppers made this admission only after an off-the-record consultation with his counsel on this issue at the plea hearing. Following that discussion, the district court in a colloquy with Peppers took great care to ensure that he understood the charge to which he was entering his plea and specifically that it required three prior qualifying felony convictions. After that thorough discussion, Peppers again voluntarily expressed his desire to plead guilty and in fact admitted that he was guilty of being an armed career criminal in possession of a firearm.

So the issue before us is not whether there was some error as to whether a prior conviction qualified as a predicate ACCA offense; rather, the issue before us is whether Peppers’ admission that he was an armed career criminal was the product of ineffective assistance of counsel. In making that determination, it is incumbent upon us to consider the context of the challenged advice, rendered in the course of plea negotiations, in deciding whether that advice, even if arguably erroneous, was deficient under Strickland and, if so, whether Peppers suffered prejudice as a result.

The standard for attorney performance for purposes of an ineffective assistance of counsel claim is that of reasonably effective assistance as defined by prevailing professional norms. Strickland, 466 U.S. at 687-88, 104 S.Ct. 2052. To establish ineffective assistance, the petitioner must establish that counsel’s representation fell below an objective standard of reasonableness, which must be assessed on the facts of each particular case viewed as of the time of counsel’s conduct. Id. at 687-89, 104 S.Ct. 2052. Under the facts of this case, we cannot find that counsel’s performance was deficient.

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Related

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899 F.3d 211 (Third Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
273 F. App'x 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-peppers-ca3-2008.