McGowan v. Burt, No. 14-2186 (6th Cir. 2015)
Annotate this CaseMcGowan is a Michigan prisoner, serving a sentence of 195-480 months for drug trafficking and firearms offenses, and a 24-month sentence for a felony firearm offense. The district court ordered habeas relief, finding that McGowan received ineffective assistance of counsel during plea negotiations. The state appealed, arguing that court failed to give required deference to the contrary ruling of the Michigan Court of Appeals. The Sixth Circuit agreed and vacated. McGowan said he understood when he rejected the prosecution’s pre-trial offer; the trial court later rejected McGowan’s assertion that he was led to believe the estimated 45-to-93-month range would apply even if the jury found him guilty on all counts, not just if he accepted the offer. McGowan’s supposed misunderstanding is directly contrary to what his counsel told him on the record. The Michigan Court of Appeals’ affirmance was duly explained and has not been shown to be based on an unreasonable determination of facts or on an unreasonable application of clearly established federal law. The district court erroneously concluded that prejudice was established by the simple fact that McGowan received a more severe sentence as a result of the verdict than he would have received had he pled guilty.
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