Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MCCOY v. U.S.

April 28, 2000

HAROLD J. MCCOY, III, PETITIONER,
V.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Robreno, District Judge.

MEMORANDUM

On July 10, 1995, petitioner Harold J. McCoy, III, pleaded guilty to a two-count superseding indictment charging him with conspiracy to interfere with interstate commerce by robbery and interference with interstate commerce commit by robbery in violation of 18 U.S.C. § 1951 (The Hobbs Act). On May 30, 1996, the court sentenced McCoy to 126 months imprisonment, three years supervised release, restitution of $5,000, and a special assessment of $100.*fn1

On June 11, 1997, this court further reduced McCoy's term of imprisonment to 102 months after considering the Government's motion to reduce McCoy's sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure. The Third Circuit Court of Appeals affirmed the conviction and sentence.

On December 15, 1997, McCoy, acting pro se, filed the instant motion pursuant to 28 U.S.C. § 2255 to vacate the judgment of conviction and sentence. It is the essence of McCoy's argument that his counsel was ineffective for failing to explain to him the full effect of his guilty plea. Upon review of the record and after an evidentiary hearing, the court will deny McCoy's motion finding that counsel was not ineffective because McCoy's guilty plea was sufficiently informed and voluntary.

I. INTRODUCTION

McCoy bases his instant motion upon the following summarized grounds:

(1) counsel rendered ineffective assistance by failing to inform defendant about the ramifications of signing the plea agreement, failing to move for suppression of testimony before the grand jury, failing to challenge the plea agreement after learning that the Government allegedly had petitioner sign it without the benefit of counsel, and failing to inform the court that an agreement was allegedly made between defendant and the Government on February 22, 1995;
(2) that the Government violated his Fifth and Sixth Amendment rights by meeting with petitioner without the presence of his counsel; and
(3) that the Government violated his Fifth Amendment rights by using the February agreement, compelling petitioner to make incriminating statements, and then not honoring it.

See Petition at 5, attached Mem. at ii. After numerous subsequent pro se filings, the court appointed counsel to represent McCoy in this matter. Limited discovery was conducted and an evidentiary hearing was held, after which the parties were instructed to file supplemental submissions, that is, proposed findings of fact and conclusions of law.*fn2 This memorandum represents the court's findings of fact and conclusions of law.

II. FACTUAL AND PROCEDURAL BACKGROUND

First, no statements made by you or your client, or other information provided by you or your client during the "off-the-record" proffer, will be used directly against your client in any criminal case.

See Appendix to Petitioner's Supp. Mem. in Support of § 2255 Mot. [hereinafter "App."] at 253. The proffer agreement was signed by McCoy, Shepard, and the Assistant United States Attorney ("AUSA") on the case at that time, Christopher R. Hall. Id. at 254. Shepard explained that, at that time:

I told Mr. McCoy that any statements he makes to the Government pursuant to this proffer agreement won't be used against him directly in any criminal case. If he went to trial, they could not use that information against him. However, I also explained to him that — because the Government would not agree to it, that any information, if we're going to go along this route for cooperation and entering into a plea agreement, he's going to be a cooperating witness, that the Government will use the information to calculate the sentencing guidelines.

Evidentiary Hearing Tr. 3/16/99 at 12. Shepard testified that he told McCoy this information on or about February 22, 1995 and that he also touched upon that subject when he first met with McCoy at prison earlier in February of 1995.*fn3 Id. Shepard generally took notes and created memoranda for the file regarding his conversations with McCoy. See App. 144-47, 153-237, 246-49. However, none of Shepard's notes or memoranda regarding those conversations occurring prior to McCoy's entry of a guilty plea reflects ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.