Summary
Brian Miller v. United States, 7th Cir. 2019: The Seventh Circuit affirmed denial of §2255 post-conviction relief, holding that trial counsel did not provide ineffective assistance during pre-indictment plea negotiations under Strickland v. Washington. Counsel's advice to reject a plea to child pornography possession (max 10 years) and proceed to trial on production charges (mandatory minimum 15 years) was not objectively unreasonable because counsel fully informed Miller of risks and there was a viable, though ultimately unsuccessful, defense that the secretly filmed images of teenage girls undressing did not meet the "lascivious exhibition" element of 18 U.S.C. §2251(a) and §2256(2)(A)(v). The court declined to address the government's forfeited argument that the Sixth Amendment does not apply to pre-indictment plea discussions, instead resolving the claim on the merits based on the district court's credibility findings.
Topics
Practice areas
Questions Presented
- Whether Miller's trial counsel provided ineffective assistance of counsel during pre-indictment plea negotiations by advising him to reject the government's plea offer.
Holdings
- No, the district court correctly concluded that Miller failed to show that his counsel's performance was deficient. Counsel's advice was not objectively unreasonable because he informed Miller of the risks, and there was a viable defense regarding the lascivious exhibition element.
Key quotations
“In advising a client to reject a plea, an attorney’s performance 'is deficient if the attorney grossly mischaracterizes the evidence or advises a client to reject a plea offer and go to trial in the face of overwhelming evidence and no viable defenses.'” (slip op. at 6)
“Strickland highlights that the strategic choices of counsel based on legal and factual research 'are virtually unchallengeable' on an ineffective-assistance claim.” (slip op. at 10)
“The Sixth Amendment reserves the ultimate choice for the accused: it is up the defendant, informed by counsel’s advice, to determine whether to accept a plea or instead to play the odds by proceeding to trial.” (slip op. at 6-7)
Factual background
Brian Miller secretly filmed teenage girls undressing and showering in his bathroom. Federal authorities investigated and offered a plea to simple possession of child pornography (max 10 years). Miller, after passing a polygraph, rejected the offer and went to trial. He was convicted of producing child pornography (22 counts) and sentenced to 18 years. He filed a §2255 petition claiming his trial counsel, Joel Brown, provided ineffective assistance during plea negotiations.
Procedural history
Miller was convicted of producing child pornography after a bench trial and sentenced to 18 years' imprisonment. His conviction was affirmed on direct appeal. United States v. Miller, 829 F.3d 519 (7th Cir. 2016). He then filed a §2255 petition claiming ineffective assistance of counsel during pre-indictment plea negotiations. The district court held an evidentiary hearing, credited counsel's testimony, and denied the petition. Miller appealed.