Sawyer v. United States, No. 15-2508 (7th Cir. 2017)Annotate this Case
Convicted of multiple counts of sex trafficking, conspiracy to commit sex trafficking, and attempted sex trafficking, 18 U.S.C. 1591(a) and 1594(c), Sawyer was sentenced to 50 years' incarceration. After unsuccessful appeals, Sawyer sought habeas corpus relief under 28 U.S.C. 2255, asserting ineffective assistance of trial counsel, stating that “the Government offered the Petitioner a plea offer, which included a term of imprisonment of 15 years” and that counsel advised him to reject it because “the Government’s case against him was weak.” Sawyer attached affidavits from his mother and grandmother, in which they attest to discussing the plea offer with Sawyer. The government argued that Sawyer’s petition failed to provide sufficient evidence that the government made him an offer. The district court denied Sawyer’s petition without holding an evidentiary hearing, noting that Sawyer did not attach a proposed plea agreement or an affidavit from trial counsel regarding any agreement. The Seventh Circuit vacated. If he is able to prove on remand that the government did offer a plea deal, Sawyer will have to establish that his attorney’s advice was objectively unreasonable and that, with competent advice, he would have accepted the plea deal, but at this point in the proceedings, Sawyer has sufficiently alleged both of those required elements.