Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, July 22, 2020

Carmichael: Upholding Denial of 2255 Motion Based on IAC

In Carmichael v. United States, No. 17-13822 (July 22, 2020) (Proctor (ND Ala), Wilson, Newsom), the Court affirmed the denial of a 2255 motion based on ineffective assistance of counsel.

The government conceded, and the Court agreed, that counsel performed deficiently by failing to communicate Carmichael’s total 40-year sentence, seek a negotiated plea as requested, or relay 10-year and 20-year plea offers.  However, the Court concluded that Carmichael could not show prejudice because he could not show that he would have accepted the plea offer had it been communicated to him.  The offers were conditioned on his substantial assistance and “super-cooperation,” and Carmichael did not show that he was willing or able to do so before he went to trial and was convicted, or that the government would have deemed his cooperation satisfactory.