Kratsas v. U.S.

• Decision Date: 27 June 2000
• Docket Number: Civil No. HNM-95-2007.,Crim. No. H-92-0208.
• Citation: 102 F.Supp.2d 320
• Parties: Paul J. KRATSAS, Petitioner, v. UNITED STATES of America, Respondent.
• Court: U.S. District Court — District of Maryland

Page 320

102 F.Supp.2d 320

Paul J. KRATSAS, Petitioner, v. UNITED STATES of America, Respondent.

Civil No. HNM-95-2007.

Crim. No. H-92-0208.

United States District Court, D. Maryland.

June 27, 2000.

Beth M. Farber, Assistant Federal Public Defender, Baltimore, MD, for Petitioner.

Lynne A. Battaglia, U.S. Attorney, Barbara S. Skalla, Asst. U.S. Attorney, Greenbelt, MD, for Respondent.

MEMORANDUM

MALETZ, Senior Judge.¹

On March 18, 1993, the petitioner, Paul Kratsas, was convicted by a jury of conspiracy to distribute and possess with intent to distribute cocaine in violation of 21 U.S.C. § 846, and laundering proceeds of unlawful activities in violation of 18 U.S.C. § 1956(a)(1)(B)(I). Given petitioner's two prior convictions for felony drug offenses, the court imposed a mandatory life sentence as to Count I pursuant to 21 U.S.C. § 841(b)(1)(A), and a seventy month concurrent sentence as to Count II. Kratsas appealed arguing that the statute requiring a mandatory life sentence was unconstitutional. The Fourth Circuit disagreed and affirmed the judgment of the district court. See United States v. Kratsas, 45 F.3d 63 (4th Cir.1995). Presently before this court is petitioner's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214.

In support of his petition, Kratsas claims that he was denied effective assistance of counsel alleging: 1) that his attorney failed to advise him that he was subject to a mandatory life sentence; 2) that a conflict of interest existed between his attorney and the government's star witness; and 3) that his attorney failed to challenge two prior convictions that formed the basis of his mandatory life sentence. Counsel was appointed to represent petitioner, and on October 12 and 27, 1999 the court held an evidentiary hearing on this matter.

I. Background

Once indicted on federal charges, Kratsas hired Louis Martucci to represent him. Mr. Martucci negotiated a plea agreement with the government that involved not only the federal charges, but some pending state charges as well. The agreement provided that Kratsas would plead guilty to both counts of the Superseding Indictment. Further, the agreement set forth the maximum sentences for each offense.² However, on August 3, 1992 Kratsas appeared before United States District Court Judge Alexander Harvey II, and advised the court that he would not be entering a guilty plea. Further, he informed the court that he would be relieving Mr. Martucci of his services and retaining a new attorney, Jack Rubin.

Mr. Rubin had previously represented one of Kratsas's co-conspirators, George Bonnett, in another matter, and as part of Bonnett's agreement with the government in that case, he had agreed to testify against Kratsas. Concerned about this potential conflict of interest, the government filed a motion to remove Mr. Rubin. Judge Harvey held a hearing, and thereafter concluded that Mr. Rubin was not laboring under an actual conflict of interest. In support of his denial of the government's motion, Judge Harvey noted: 1) that Mr. Rubin no longer represented Bonnett; 2) that Kratsas's defense did not involved shifting the blame to Bonnett; 3) that Mr. Rubin was not in possession of confidences that could be used to impeach Bonnett; 4) that Mr. Rubin represented Bonnett for a very short period of time in preliminary proceedings; 5) that Mr. Rubin took no part in negotiating the plea agreement under which Bonnett was to testify; and 6) that Kratsas knowingly and intelligently agreed to be represented by Mr. Rubin.

After Mr. Rubin began his representation of Kratsas, he persuaded the government to reinstate the plea agreement that Kratsas had previously rejected. Again, Kratsas rejected the plea, choosing instead to proceed to trial. At the conclusion of the trial, Kratsas was convicted of both counts, and was ultimately sentenced to life in prison.

II. Ineffective Assistance Standard

Kratsas's contention, that he received ineffective assistance of counsel, may be properly raised for the first time in a post-conviction motion. See e.g., United States v. DeFusco, 949 F.2d 114, 120-21 (4th Cir.1991); United States v. Breckenridge, 93 F.3d 132, 134 n. 1 (4th Cir.1996). However, in order to establish a claim of ineffective assistance, the petitioner's claim must pass the two-prong test enunciated by the Supreme Court. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Petitioner must prove both: 1) that his attorney's conduct fell below an objective standard of reasonableness; and 2) that such deficient performance caused him prejudice. See Id. at 687-91, 104 S.Ct. 2052. Prejudice is defined as "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different." Id. at 694, 104 S.Ct. 2052.

According to Strickland, there exists a strong presumption that counsel's conduct was within a wide range of reasonably professional conduct, and courts must be highly deferential in scrutinizing counsel's performance. See Id. at 688-89, 104 S.Ct. 2052. Furthermore, a determination need not be made concerning the attorney's performance if it is clear that no prejudice would have resulted even if the attorney had been deficient. See Id. at 697, 104 S.Ct. 2052. Applying this test to the claims presented, the court finds that Kratsas fails to demonstrate that he received ineffective assistance.

III. Mandatory Life Sentence

First, petitioner claims that his trial counsel was ineffective for failing to advise him that if convicted he would be sentenced to a mandatory term of life imprisonment. He alleges that neither of his two attorneys ever advised him that he faced a mandatory life sentence. Furthermore, he maintains that had he known that he was subject to such a sentence, he would have accepted the government's plea offer.

The right to effective assistance of counsel attaches to the plea bargaining phase of a criminal trial. See e.g., United States ex. rel. Caruso v. Zelinsky, 689 F.2d 435, 438 (3rd Cir.1982); Johnson v. Duckworth, 793 F.2d 898, 900-02 (7th Cir.1986); United States v. Gordon, 156 F.3d 376, 379-80 (2nd Cir.1998). Moreover, several circuits have held that an attorney's inaccurate assessment of a defendant's potential sentence after trial constitutes ineffective assistance if the defendant can demonstrate that he would have accepted the plea offer if he were properly informed. See United States v. Day, 969 F.2d 39, 43 (3rd Cir.) (insufficient advice from counsel that undermines a defendant's ability to make an intelligent decision about a plea offer states a Sixth Amendment claim); Nagi v. United States, 90 F.3d 130, 135-36 (6th Cir.1996) (to succeed on a claim of ineffective assistance regarding a plea offer, petitioner must demonstrate that counsel's deficient performance caused him to reject plea); United States v. Gordon, 156 F.3d 376 (2nd Cir.1998) (affirmed district court's decision to vacate conviction based on misadvise during plea stage when defendant was advised he faced 92 - 115 month sentence and actually faced a 262 - 327 month sentence). Thus, to prevail on this claim, Kratsas must demonstrate that his counsel was deficient in advising him about his potential sentence exposure, and that such deficiency caused him to reject the plea offer.

At the evidentiary hearing the defendant, Mr. Martucci, Mr. Rubin, and Jan Miller, an Assistant United States Attorney, testified. As the defendant notes in his post-hearing memorandum, Mr. Martucci's memory of the events surrounding Kratsas's case is questionable.

When asked about the petitioner's physical condition at the time of his first meeting with him, Mr. Martucci testified:

As far as I know, he seemed to be in good physical condition. He seemed to be of sound mind. He understood everything that we discussed. I didn't see anything unusual about his appearance or demeanor.

E.H. I p. 58.³ However, Kratsas later testified that he was shot in the face on May 7, 1992 and appeared in federal court for his arraignment on June 9, 1992. E.H. I p. 113-115. He further testified that he met with Mr. Martucci prior to the arraignment and was still under doctor's care after the arraignment. See Id. In fact, he testified that his jaw was still wired shut when appearing in court on June 9th. See Id. This portion of Kratsas's testimony was unimpeached, and the docket sheet corroborates that Kratsas did appear in court on June 9, 1992 and that Mr. Martucci entered his appearance on June 4, 1992.

Given this testimony, the court questions whether Mr. Martucci has an independent recollection of the events about which he testified. It is rather unlikely that he would forget that his client had been shot in the face just prior to their first meeting, yet remember the details of advising him of a mandatory life sentence. Having said that, the court notes that Mr. Martucci did in fact testify that he advised Kratsas that he faced a mandatory life sentence if convicted after a trial. E.H. I p. 60-61.

More persuasive however, was Mr. Rubin's testimony which was corroborated, in part, by Mr. Miller. Mr. Rubin unequivocally testified that he advised Kratsas of a mandatory life sentence, that he reviewed the statute that permits such a mandatory sentence, and that he advised petitioner that he was likely to be convicted if he went to trial. E.H. I p. 20-21. The court finds Mr. Rubin to be credible. He testified about several aspects of his representation of petitioner, and candidly admitted his shortcomings⁴ in that representation, which, in the court's view lends to his credibility.

Petitioner maintains that the sentencing hearing indicates that Mr. Rubin was not aware of the mandatory life sentence required by 21 U.S.C. § 841(b)(1)(A). Kratsas points out that the sentencing...