Dist. Ct. erred in denying without conducting evidentiary hearing defendant’s habeas petition challenging his sex trafficking convictions on ground that his trial counsel was ineffective in recommending that defendant not accept govt. offer that included term of imprisonment of 15 years in exchange for guilty plea, where defendant rejected plea offer and took case to trial and received 50-year sentence. Factual question remained as to whether govt. ever made plea offer, where defendant supported his contention that plea offer was made by attaching affidavits from his mother and grandmother, who claimed that defendant discussed plea offer with them prior to trial. Moreover, defendant sufficiently alleged that, with competent advice, he would have accepted plea deal. Also, remand was required to resolve factual question as to whether counsel told defendant that he would be better served by proceeding to trial.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel