Martin v. United States, No. 13-3826 (7th Cir. 2015)
Annotate this CaseMartin founded a street gang, the “Mafia Insanes” while serving 20 years in state prison for murder. After he was released on parole in 1998, Martin coordinated a sprawling Chicago narcotics distribution network. The government intercepted wire communications of Mafia members believed to be involved in the drug trafficking network. A jury convicted Martin of using a telephone to facilitate the narcotics conspiracy, 21 U.S.C. 843(b). The court sentenced him to life imprisonment. The district court declined to alter Martin’s sentence on remand; the Seventh Circuit affirmed. Martin then sought collateral relief, contending that his trial counsel was constitutionally ineffective. Had he been “better informed,” Martin claimed, “he would have accepted the [g]overnment’s 30-year plea offer instead of risking a trial in which he was found guilty and, ultimately, being sentenced to LIFE imprisonment.” The district court denied his petition without holding an evidentiary hearing, but granted a certificate of appealability on the question of whether Martin’s conclusory assertion was sufficient to trigger the need for a hearing. The Seventh Circuit affirmed, holding that the court did not need to conduct an evidentiary hearing. Martin failed to present any evidence, apart from his vague and conclusory allegations, that the government actually offered a 30-year plea agreement.
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