Mitchell v. United States, No. 14-3759 (7th Cir. 2017)
Annotate this CasePetitioner and his associates sold cocaine base to a police informant, Hurd, and were charged in Indiana state court. The county clerk erroneously included Hurd’s name on a public filing. Weeks later, Hurd waskilled. Petitioner was then indicted on federal drug charges. The court appointed public defender Brattain to represent Petitioner. The Assistant U.S. Attorney orally informed Brattain that the government was willing to recommend a 20-year sentence in exchange for Petitioner’s cooperation with the Hurd murder investigation. Brattain met with Petitioner and discussed the proposal three times; Petitioner repeatedly rejected the plea. Brattain sent Petitioner two letters, describing thes offer, advising Petitioner that it was in his best interest, stating that the evidence made it “almost absolutely certain” that Petitioner would be convicted, and referencing a witness who would corroborate Petitioner's involvement in Hurd’s murder. Petitioner again rejected the offer. After his conviction under 21 U.S.C. 841(a)(1), the district court found, by a preponderance of the evidence, that Petitioner participated in the murder, and applied Sentencing Guidelines, 2D1.1(d)(1) to sentence Petitioner to life imprisonment. The Seventh Circuit affirmed. Petitioner then sought post‐conviction relief (28 U.S.C. 2255), contending that Brattain provided ineffective assistance by not producing the government’s offer in writing and not advising him adequately. The Seventh Circuit affirmed denial of the petition, finding that counsel’s performance was adequate and that Petitioner could not demonstrate that, absent any deficient performance, he would have accepted the plea offer.
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