United States v. Travillion, No. 12-4184 (3d Cir. 2014)
Annotate this CaseTravillion was indicted in 2004 on charges under 21 U.S.C. 846 and 841(a)(1), (b)(1)(A)(iii), related to drug trade in the Pittsburgh area. He argued that he was not a member of either conspiracy in two counts and that the drug at issue in one possession charge was heroin, not crack. Travillion was convicted on all counts and sentenced to 188 months’ imprisonment. The Third Circuit affirmed. Travillion then filed a 28 U.S.C. 2255 motion, seeking to vacate, set aside, or correct his sentence by adjusting the advisory Guidelines down two levels. He alleged ineffective assistance of counsel in failing to effectively investigate and cross-examine government witnesses; failing to effectively investigate facts made known to him by Travillion constituting the only realistic defense; failing to adequately advise Travillion of the risk in his testifying on his own behalf; and failing to adequately object to the conviction on two separate counts that comprised the same conspiracy, exposing Travillion to double jeopardy. The district court denied relief, noting that while counsel’s performance may have been deficient on certain issues, Travillion was not prejudiced, as the evidence presented against him was “overwhelming.” The Third Circuit affirmed.
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