Please ensure Javascript is enabled for purposes of website accessibility

02-1240, 02-1508 Coleman v. U.S.

By: dmc-admin//February 10, 2003//

02-1240, 02-1508 Coleman v. U.S.

By: dmc-admin//February 10, 2003//

Listen to this article

“Coleman … argues that defense counsel erred when he failed to speak to Coleman after the prosecutor neglected to include the weight stipulation as one of the provisions in the plea agreement to which the government would not be bound. According to Coleman, defense counsel was either not paying attention during the exchange between the court and the government or counsel believed that the prosecutor’s omission was inadvertent. He contends that either circumstance constitutes ineffective assistance of counsel. Coleman contends that the failure of counsel to fully inform him that there would not be a limit on the drug weight resulted in a guilty plea entered with a substantial misunderstanding of the consequences of his plea. Coleman bases his ineffective assistance claim on what is essentially a phantom mistake with no adverse consequences to him. During the plea colloquy, it was a foregone conclusion that Coleman wanted to plead guilty. The record clearly supports this finding. In his affidavit, Coleman’s defense counsel stated that he repeatedly told Coleman that he was in severe jeopardy of a lengthy sentence unless the amount of drugs involved in the case was limited. He swore that he explained to Coleman that he could achieve such a result only by a plea of guilty. Coleman’s defense counsel also stated that he advised his client that unless there was a plea agreement, his sentence would be longer and he would lose point reductions by not pleading guilty.

“The strategy of Coleman’s counsel was perfectly reasonable. He tried to make the best of a bad situation for his client by attempting to minimize the sentence and help effectuate an earlier release. In essence, Coleman got exactly what he bargained for. As we explain below, Coleman’s claim is based on the faulty premise that paragraph 6(h) placed a cap on Coleman’s relevant conduct. Counsel’s reading that paragraph 6(h) was not a cap gave effect to the plain meaning of the words, and thus, is correct. Given his interpretation of this unambiguous language, counsel had little reason to speak with Coleman about it. Considering the ‘conduct from counsel’s perspective at the time,’ Strickland, 466 U.S. at 689, we believe counsel’s actions fall within the wide range of reasonable professional assistance.”

Affirmed.

Appeals from the United States District Court for the Eastern District of Wisconsin, Randa, J., Bauer, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests