Presently
before the Court is Magistrate Judge William Arbuckle's
Report and Recommendation ("R&R") (Doc. 466) to
the Defendant Edward McLaughlin's Motion to Vacate, Set
Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255
(Doc. 418). Judge Arbuckle recommends that McLaughlin's
petition be granted in part & denied in part. Upon review
of the R&R, Williams' objections thereto (Doc. 469)
and all other relevant documents, the Court will overrule all
of McLaughlin's objections to the R&R and adopt Judge
Arbuckle's R&R granting in part and denying in part
McLaughlin's § 2255 petition.
II.
Factual and Procedural Background
Judge
Arbuckle summarized the factual background of this case as
follows:
According to the Government's proffer during the guilty
plea hearing, in June 2011, Defendant and Gary Williams were
cellmates at Pike County prison. (Doc. 191, p. 18). During
that time, Defendant solicited Mr. Williams to kill
Defendant's ex-wife, Joanna VanTine. Id.
Defendant told Mr. Williams that Ms. VanTine was sexually
abusing their children. Id. Mr. Williams agreed to
kill Ms. VanTine. Id.
When Mr. Williams was released from the county prison, he
went to live with his girlfriend, Gloria Soto. Id.
Mr. Williams told Ms. Soto about the murder-for-hireplan.
Id.
In December 2011, Defendant was released from prison. (Doc.
191, p. 19). On March 5, 2012, Defendant shipped a German
Mauser rifle and a box of bullets from an address in Florida
to Ms. Soto's apartment in Scranton, Pennsylvania.
Id. On March 8, 2012, the rifle and ammo arrived.
Id. Mr. Williams went to the shooting range to
practice his aim. (Doc. 191, pp. 19-20). Defendant visited
Mr. Williams, accompanied him to the shooting range, and made
adjustments to the rifle to improve its accuracy. (Doc. 191,
p. 20).
On May 29, 2012, Mr. Williams used the rifle to shoot at Ms.
Soto. (Doc. 191, p. 21). The police responded to the incident
and arrested Mr. Williams. Id. Five or six days
later, Ms. Soto told Police about the murder-for-hire plan.
Id. The police and the F.B.I, searched Ms.
Soto's apartment and seized evidence, including the rifle
and the box it was shipped in. Id. The F.B.I, also
recorded phone calls between Ms. Soto and Defendant. (Doc.
191, p. 22). Letters exchanged by Defendant and Mr. Williams
were also recovered.
On June 18, 2012, the United States Government filed a
criminal complaint alleging that Defendant used interstate
commerce facilities in the commission of murder for hire, in
violation of 18 U.S.C. § 1958.
On July 17, 2012, a grand jury in the Middle District of
Pennsylvania indicted Defendant on the following three
charges: (1) using interstate commerce facilities in the
[commission] of murder for hire, in violation of 18 U.S.C.
§ 1958; (2) solicitation to commit a crime of violence,
in violation of 18 U.S.C. § 373; and (3) using a deadly
weapon in relation to any crime of violence, in violation of
18 U.S.C. § 924. (Doc. 10). Superseding indictments,
adding a co-defendant and additional charges, were returned
on August 28, 2012 (Doc. 30) ("First Superseding
Indictment), April 23, 2013 (Doc. 78) ("Second
Superseding Indictment"), and September 10, 2013 [(Doc.
145)] ("Third Superseding Indictment").
(Doc. 466 at 2-4).
On
September 10, 2013, a federal grand jury returned a
nine-count Third Superseding Indictment (Doc. 145) against
McLaughlin. On September 30, 2013, the morning of the first
day of trial, McLaughlin's counsel informed the trial
court that McLaughlin wanted to plead guilty. (Doc. 466 at
5). That same day, McLaughlin accepted and signed a plea
agreement wherein he pleaded guilty to conspiracy to use
interstate facilities in the commission of a murder-for-hire
in violation of 18 U.S.C. § 1958 (Count One); using,
possessing, and carrying a firearm during and in relation to,
and in furtherance of, a crime of violence in violation of 18
U.S.C. § 924(c) (Count Three); and shipping and
transporting a firearm in interstate commerce as a convicted
felon in violation of 18 U.S.C. § 922(g) (Count Five).
(See generally Doc. 162). Immediately before
pleading guilty, McLaughlin "waived his right to remain
silent and agreed to give a full confession to the
government," the substance of which was summarized at
the change of plea hearing. (Doc. 396 at 24-28).
After
his guilty plea, the procedural history of McLaughlin's
case becomes quite lengthy. On February 10, 2014,
McLaughlin's trial attorney, Todd Henry ("trial
counsel"), filed a motion for psychiatric examination
(Doc. 192) after he had McLaughlin evaluated by John Sanford
Baird, Jr. Ph.D. (See generally, Doc. 192; Doc.
192-2; Doc. 419-1). Dr. Baird noted that although McLaughlin
had previously been diagnosed with PTSD (among other things),
he did not meet the criteria for a PTSD diagnosis at the time
of his evaluation. (Doc. 192-2 at 5). Dr. Baird stated that
McLaughlin's "predominant symptomatology at the
present time is Bipolar I (manic episode)," "[h]is
life has been complicated by an anti-social personality
dis," and a long history of alcohol abuse. (Id.
at 5-7). Subsequent to filing the motion for psychiatric
examination, Attorney Henry stopped representing McLaughlin
and he obtained new counsel, Brian Collins and Lawrence
Krasner ("post-plea counsel"). (See Doc. 207; Doc.
208; see also Doc. 466 at 12). In the midst of the
turnover with McLaughlin's counsel, no brief in support
of his motion for psychiatric examination was submitted, and
the Court deemed the motion withdrawn. (Doc. 206).
On
March 18, 2014, McLaughlin's post-plea counsel filed a
motion to withdraw his guilty plea (Doc. 200) on grounds that
"his plea was based on a false promise and not the
product of a knowing and intelligent decision to plead
guilty." (Doc. 200 at 1). After a hearing on this
matter, Judge Caputo denied McLaughlin's motion to
withdraw his plea. (Doc. 247).[1]
On
January 7, 2015, McLaughlin was finally sentenced to 240
months in prison, which was comprised of 120 months for the
murder-for-hire conspiracy, 60 consecutive months for the
924(c) conviction, and 60 consecutive months for the shipping
and transporting a firearm as a convicted felon, in addition
to a three-year term of supervised release, $2, 200 in
restitution, and a $300 special assessment. (Doc. 394 at
55-56).
Following
sentencing, McLaughlin filed a series of appeals and 28
U.S.C. § 2255 motions. Judge Arbuckle summarized the
appellate history as follows:
On June 25, 2016, Defendant, through a new Attorney, Melinda
Ghilardi, filed a Motion to Vacate under 28 U.S.C. §
2255. (Doc. 291). On June 26, 2016, Attorney Ghilardi filed a
Motion to Stay. (Doc. 292). On June 27, 2016, Defendant's
Motion to Stay was granted. (Doc. 298). The case was stayed
"pending the filing of a supplemental pro se
motion" by Defendant. Id.
On September 13, 2016, Defendant filed a Motion to Amend and
Supplement the Record Pursuant to F.R.C.P. Rule
15(a)(1)."[ ] (Doc. 306). This Motion was construed both
as a Motion to Supplement the Original Motion and Vacate, and
as the Supplement itself, and was granted. (Doc. 316). In its
[0]rder, the [C]ourt directed the Government to respond to
Defendant's petition, effectively lifting the stay. On
August 9, 2017, the Government filed its Brief in Opposition.
(Doc. 325). On August 17, 2017, Attorney Ghilardi filed a
Reply Brief limited to the Johnson issue. (Doc
326).
On August 23, 2017, Defendant filed a second motion seeking
leave to amend the Original Motion to Vacate (Doc. 291).
(Doc. 328). On September 8, 2017, Attorney Ghilardi filed a
Motion requesting that the resolution of the pending Motion
to Vacate (Doc. 291) be stayed until the United States
Supreme Court ruled on petitions for writ of certiorari filed
in United States v. Robinson, 844 F.3d 137 (3d Cir.
2016) and United States v. Galati, 844 F.3d 152 (3d
Cir. 2016). (Doc. 329). On September 28, 2017, the Motion to
Stay was granted. (Doc. 330).
On March 12, 2018, Defendant filed a Motion requesting that
his Johnson claim in his original Motion to Vacate
(Doc. 291) be withdrawn. (Docs. 339, 340). Along with that
Motion, Attorney Ghilardi filed a motion to withdraw as
Defendant's Attorney. (Doc. 341). On March 15, 2018, the
Court granted Defendant's Motion to Withdraw the §
2255 Motion and Attorney Ghilardi's motion to withdraw as
counsel. (Doc. 342, 343).
On April 26, 2019, Defendant filed a Motion requesting
modification of his sentence under the First Step Act, 18
U.S.C. § 3582. (Doc. 350). Pursuant to Standing Order
19-1, Attorney Frederick W. Ulrich was appointed to represent
Defendant. (Docs. 351, 354). On June 7, 2019, Defendant filed
a letter advising the Court that he would not allow a public
defender to represent him, and Attorney Ulrich filed a motion
to withdraw. (Docs. 353, 354). On June 11, 2019, that motion
was granted. (Doc. 355). In its [0]rder, the Court advised
Defendant that it would "consider Defendant's pro se
filings (Docs. 350, 354), in due course.["] Id.
On June 19, 2019, the Government filed its response to
Defendant's First Step Act Motion. (Doc. 356).
On October 29, 2019, Defendant filed several pro se
Motions requesting leave to Amend his initial § 2255
Motion. (Docs. 363, 364, 365, 366). On November
11, 2019, a new pro se § 2255 motion was
transferred to the Middle District of Pennsylvania from the
District of New Jersey. (Doc. 370).
On November 26, 2019, Defendant filed a Motion requesting an
evidentiary hearing. (Doc. 372). Also on November 26, 2019,
the Court issued an Order denying the motion to recuse and
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