United States District Court, W.D. Washington, Tacoma
JAMES R. YOUNG, Petitioner,
UNITED STATES OF AMERICA, Respondent.
ORDER ON MOTION FOR RELIEF UNDER 28 U.S.C. §
J. Bryan, United States District Judge.
matter comes before the Court on the on Petitioner's
Motion under 28 U.S.C. §2255 to Vacate, Set Aside, or
Correct Sentence by a Person in Federal Custody. Dkt. 1. The
Court has reviewed the pleadings filed regarding the petition
and the remaining file.
seeks 28 U.S.C. §2255 habeas corpus relief from his
90-month sentence imposed after his guilty pleas in two
separate cases to the crimes of Interstate Transportation for
the Purposed of Prostitution, in violation of 18 U.S.C.
§§ 2 and 2421, and Conspiracy to Defraud the
Government with Respect to Claims in violation of 18 U.S.C.
§ 285. Dkt. 1. In this petition, he claims that
his Sixth Amendment right to effective assistance of counsel
was violated. Dkt. 1.
BACKGROUND FACTS AND PROCEDURAL HISTORY
RELEVANT PROCEDURAL HISTORY OF CRIMINAL CASE
August 29, 2017, the Petitioner entered into written plea
agreements in each case, United States v. Young,
Western District of Washington case 14-5242 RJB and
United States v. Young, Western District of
Washington case 14-5448. Dkts. 11-2 and 11-3. At the time,
the Petitioner was represented by lawyers Emily Gause and
Terrence Kellogg. As is relevant here, both written plea
16. Waiver of Appellate Rights and Rights to Collateral
Attacks. Defendant acknowledges that by entering the guilty
plea required by this plea agreement, Defendant waives all
rights to appeal from his conviction and any pretrial rulings
of the court. Defendant further agrees that, provided the
court imposes a custodial sentence of 90 months, Defendant
waives to the full extent of the law:
a. Any right conferred by Title 18, United States Code,
Section 3742, to challenge, on direct appeal, the sentence
imposed by the court, including any fine, restitution order,
probation or supervised release conditions, or forfeiture
order (if applicable); and
b. Any right to bring a collateral attack against the
conviction and sentence, including any restitution order
imposed, except as it may relate to the effectiveness of
legal representation . . .
Dkts. 11-2, at 9 and 11-3, at 8-9. During the August 29, 2017
plea hearing, (a copy of the transcript is attached for ease
of reference), the following exchange took place between the
Court and the Petitioner:
THE COURT: Now, you've given up your right to appeal your
conviction and pretrial rulings. And I should add to that we
have a number of motions pending. And if you plead guilty,
you'll never get an answer to those motions. Do you
YOUNG: Yes, sir.
THE COURT: And the right to appeal that you're giving up
here includes sentence and fine, the restitution order, the
supervised release conditions and so forth. Do you understand
YOUNG: Yes, sir.
THE COURT: And your waiver of your appeal right includes
giving up the right to bring a collateral attack against your
conviction and sentence, including restitution or any other
matters at all resulting from this conviction and sentence,
unless there's a constitutional basis based on
effectiveness of legal representation. And if there was that
issue, there would be a possibility you could appeal in spite
of your waiver of appeal. Do you understand that?
YOUNG: Yes, sir.
Dkt. 11-1, at 29. In a “Declaration of Affidavit,
” filed in support of this Petition, ...