Dist. Ct. did not err in denying defendant’s habeas petition that challenged his 22-year sentence on drug conviction on ground that his trial counsel was ineffective for inducing him to plead guilty by improperly telling him that govt. would recommend sentence of no more than 10 years. Defendant denied existence of any such promise during plea colloquy, and trial counsel conceded during pre-sentence hearing that prosecutor had not agreed to any 10-year sentence cap. Moreover, even if trial counsel had told defendant of existence of 10-year sentence cap, defendant failed to assert that he was either innocent of charged offense or that he would have gone to trial had it not been his belief that he would get sentence capped at 10 years by pleading guilty. Also, defendant could not prevail in instant claim, where he either lied to sentencing court by saying “no” to existence of undisclosed promise that induced him to plead guilty, or if he was confused about existence of sentencing cap, sentencing court disabused him of such confusion by informing him that he could be sentenced to 60 years.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel