Wilson Daniel Winthrop-Redin v. United States

767 F.3d 1210, 2014 WL 4699391
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 23, 2014
Docket13-10107
StatusPublished
Cited by230 cases

This text of 767 F.3d 1210 (Wilson Daniel Winthrop-Redin v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson Daniel Winthrop-Redin v. United States, 767 F.3d 1210, 2014 WL 4699391 (11th Cir. 2014).

Opinion

MARCUS, Circuit Judge:

For his role as a boat crew member in an international drug-smuggling operation, Wilson Daniel Winthrop-Redin pled guilty to a federal charge of conspiracy to possess five kilograms or more of cocaine with the intent to distribute and was sentenced to 168 months in prison. Two years after entering his plea, Winthrop-Redin sought postconviction relief under 28 U.S.C. § 2255, claiming that his plea was coerced by death threats from the boat’s captain and that his counsel provided ineffective assistance by instructing him not to report the threats to the district court. We affirm the district court’s rejection of the claims without an evidentiary hearing. Because Winthrop-Redin put forward only implausible and conclusory allegations, “the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief’ without a hearing. 28 U.S.C. § 2255(b); see Aron v. United States, 291 F.3d 708, 715 n. 6 (11th Cir.2002).

I.

A plea agreement signed by Winthrop-Redin contained the following essential facts. Winthrop-Redin, a Panamanian national, and other codefendants agreed to participate in a maritime drug-smuggling scheme and received advance payment of several thousand dollars. In November *1213 2009, Winthrop-Redin and his codefen-dants left Panama aboard the St. Vincent-registered Motor Vessel (M/V) Olympiakos bound for Barranquilla, Colombia. In Colombia, the M/V Olympiakos received a load of coal, a “cover load” of legitimate cargo to conceal the smuggling mission. Shortly before the M/V Olympiakos left port, three armed individuals boarded the boat to protect the drug shipment. On December 1, 2009, the M/V Olympiakos met a go-fast boat off the Colombian coast. Ninety bales of cocaine were moved from the go-fast boat to the M/V Olympiakos. The crew of the M/V Olympiakos, including Winthrop-Redin, concealed the cocaine in a hidden compartment. On December 2, 2009, the United States Coast Guard approached, boarded, and inspected the Olympiakos in international waters. The Coast Guard discovered the hidden compartment and seized the ninety bales of cocaine, which weighed over 2,000 kilograms. With the consent of the government of St. Vincent, Winthrop-Redin and his codefendants were brought to the United States, with their first point of entry in the Middle District of Florida. Winthrop-Redin and seven others 1 were indicted on two counts: (1) conspiring to possess with the intent to distribute and to distribute five kilograms or more of cocaine while on board a vessel subject to the jurisdiction of the United States, 21 U.S.C. § 960(b)(l)(B)(ii); 46 U.S.C. §§ 70503(a), 70506(a)-(b), as well as (2) possessing with intent to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, 21 U.S.C. § 960(b)(l)(B)(ii); 46 U.S.C. §§ 70503(a), 70506(a).

Each of the codefendants pled guilty. Winthrop-Redin entered into a written plea agreement that provided he would plead guilty to conspiracy, the first count of the indictment, in exchange for the dismissal of the second count, possession. Winthrop-Redin initialed each page of the agreement and signed its last page. In the plea agreement, Winthrop-Redin expressly waived his right to appeal his sentence, except on the grounds that the sentence violated the Eighth Amendment or exceeded the statutory maximum penalty or the applicable Guidelines range determined by the district court. Section B.8 of the agreement, “Voluntariness,” provided that Winthrop-Redin “acknowledges that [he] is entering into this agreement and is pleading guilty freely and voluntarily ... without threats, force, intimidation, or coercion of any kind.” Petitioner also voluntarily agreed to cooperate fully with the United States in all relevant matters.

Before the plea was accepted, a magistrate judge questioned Winthrop-Redin under oath and at length at a hearing to ensure he pled knowingly and voluntarily. Among other things, the plea colloquy included the following exchange:

THE COURT: Mr. Winthrop, has anybody promised you anything other than what is set out in your plea agreement to get you to plead?
MR. WINTHROP-REDIN: No.
THE COURT: Has anybody promised you a particular sentence?
MR. WINTHROP-REDIN: No.
THE COURT: Has anybody threatened you or a member of your family in any way to get you to plead?
MR. WINTHROP-REDIN: No.
THE COURT: Do you feel like anybody is forcing you into this decision?
MR. WINTHROP-REDIN: No.
*1214 THE COURT: You’ve been represented here by Mr. Gottfried. Do you have any complaints about anything your lawyer has done?
MR. WINTHROP-REDIN: None.

The magistrate judge concluded that Winthrop-Redin and his codefendants were coherent and understood the allegations and potential punishment, and that a factual basis existed to support the allegations. The court specifically found that none of defendants had been threatened, forced, or coerced into pleading guilty: “From everything that appears to me today, gentlemen, your pleas are being entered freely and voluntarily with an understanding of the consequences and I will so find and recommend the matter proceed to sentencing.” Thereafter, the district court accepted the plea and sentenced Winthrop-Redin to 168 months imprisonment to be followed by 60 months of supervised release. That sentence reflected a two-level firearms enhancement related to the possession of firearms by co-conspirators, but Winthrop-Redin received a two-level “safety valve” reduction pursuant to Sentencing Guidelines § 5C1.2 as a less-culpable defendant who agreed to provide information about the offense to law enforcement. See United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir.2000).

Winthrop-Redin filed a direct appeal from the final judgment, arguing that the district court erred by denying him a minor role reduction and by imposing the firearms possession enhancement. This Court, however, dismissed the appeal due to the appeal waiver.

In March 2012, more than two years after signing the plea agreement and entering his guilty plea, Winthrop-Redin filed a pro se motion to vacate his sentence pursuant to 28 U.S.C.

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767 F.3d 1210, 2014 WL 4699391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-daniel-winthrop-redin-v-united-states-ca11-2014.