Williams v. United States

Summary

The court considers a federal prisoner’s successive motion under 28 U.S.C. § 2255 to vacate his narcotics conviction and sentence. The petitioner alleged that he was denied an opportunity for allocution and received ineffective assistance because counsel was silent at sentencing. The court granted leave to proceed in forma pauperis but overruled the motion, holding that the claims did not support collateral relief.

Holdings

1. A trial court's failure to specifically ask whether a defendant personally wishes to make a statement at sentencing is not, by itself, an error that may be raised through a motion to vacate sentence under 28 U.S.C. § 2255. The record also showed an extended colloquy before sentencing and did not establish that Williams had additional mitigating information to present.
2. Williams's retained counsel was not ineffective merely because counsel was silent at sentencing. A claim of improper representation in this circumstance requires conduct amounting to a breach of a legal duty, and the record instead showed that Williams was ably represented by experienced and competent counsel.

Questions Presented

1. Whether the alleged failure to specifically ask Williams whether he wished to make a statement at sentencing was an error cognizable in a motion under 28 U.S.C. § 2255.
2. Whether retained counsel's silence at sentencing constituted ineffective assistance warranting vacation of the sentence under § 2255.

Disposition

other