Terrance C. Kimbrough v. United States of America

Summary

Terrance Kimbrough v. United States, 6th Cir. 2023: The Sixth Circuit held that counsel did not provide ineffective assistance by advising a guilty plea to murder with a firearm during a crime of violence (18 U.S.C. § 924(j)) based on attempted Hobbs Act robbery, because the later Supreme Court decision in United States v. Taylor (holding attempted Hobbs Act robbery is not a crime of violence) was not "clearly foreshadowed" at the time of the plea, and counsel reasonably secured a plea avoiding a mandatory life sentence. The court also ruled that Kimbrough failed to show Strickland prejudice, as no rational defendant would have rejected the favorable plea and risked trial, and rejected his request to expand the certificate of appealability due to procedural default and failure to establish actual innocence. Key topics: ineffective assistance of counsel, crime of violence definition, attempted Hobbs Act robbery, § 924(j), Strickland prejudice, clearly foreshadowed legal change, procedural default, actual innocence.

Holdings

1. Counsel did not perform deficiently because the change in law was not clearly foreshadowed at the time of the plea, and counsel acted reasonably by securing a favorable plea deal that avoided a mandatory life sentence.
2. Kimbrough failed to show a reasonable probability that he would have rejected the plea and insisted on trial, or that he would have obtained a more favorable plea, because the evidence against him was overwhelming and he faced a mandatory life sentence on other charges.
3. The request is denied because it was raised for the first time in the reply brief and thus forfeited, and also fails on the merits because Kimbrough cannot show cause or actual innocence to overcome procedural default.

Questions Presented

1. Whether Kimbrough's counsel performed deficiently by advising him to plead guilty to a §924(j) count predicated on attempted Hobbs Act robbery when later case law held that offense is not a crime of violence.
2. Whether Kimbrough suffered prejudice from any alleged deficient performance.

Disposition

affirmed