Wolford v. USA
| Decision Date | 02 July 2010 |
| Docket Number | 0ivil Action No. 1:09cv723.,Criminal No. 1:06cr113. |
| Citation | 722 F.Supp.2d 664 |
| Parties | Sharon Raedelle WOLFORD, Petitioner, v. UNITED STATES of America, Respondent. |
| Court | U.S. District Court — Eastern District of Virginia |
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Sharon Raedelle Wolford, pro se.
Following a six-day jury trial, 1 petitioner, Sharon Raedelle Wolford (“Wolford”), was convicted of one count of conspiracy to distribute oxycodone and other controlled substances within 1,000 feet of an elementary school, in violation of 21 U.S.C. §§ 841(a), 846 and 860, and two substantive counts of distributing oxycodone, in violation of 21 U.S.C. § 841(a). She was ultimately sentenced to concurrent terms of imprisonment of 108 months as to each of the three counts of conviction-a significant downward variance from the applicable guidelines range of imprisonment of 360 months to life.
Now at issue is Wolford's motion to vacate, set aside or correct her convictions and sentence, pursuant to 28 U.S.C. § 2255, based primarily on the alleged ineffective assistance of her appointed counsel in the plea negotiation and pretrial proceedings. Counsel for both Wolford and the government have fully briefed the issues raised in the instant motion and an evidentiary hearing was held in accordance with § 2255(b), which provides that “[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall ... grant a prompt hearing thereon....” 28 U.S.C. § 2255(b). Oral argument was heard in the course of the evidentiary hearing and additional oral argument is unnecessary as the facts and legal contentions are adequately set forth in the existing record.
Resolution of the questions presented requires a detailed, chronological summary of the pertinent facts and procedural history. 2
This prosecution was initiated on February 22, 2006, with the issuance of a federal criminal complaint charging Wolford with one count of conspiracy to distribute cocaine, oxycodone, dextroamphetamine and methadone in the Eastern District of Virginia, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The criminal complaint also charged several alleged co-conspirators, including (i) Wolford's son, Christopher Wolford, and (ii) Wolford's former live-in boyfriend, William McCauley. 3 In essence, the criminal complaint charged Wolford and her alleged co-conspirators with operating a lengthy drug distribution enterprise-from 2001 to 2006-out of Wolford's primary residence, which was located within 1,000 feet of an elementary school in Manassas, Virginia. The majority of the controlled substances involved in the charged conspiracy were pain medications obtained by Wolford and McCauley through the use of physician-issued medical prescriptions. And, although many of these controlled substances were indeed distributed or sold to others, or traded with others in exchange for different types of drugs, the record reflects that significant quantities of the controlled substances were also used personally by Wolford and McCauley, as both were addicted to prescription pain killers.
Wolford was arrested on the criminal complaint on February 23, 2006, and her residence was searched pursuant to a search warrant later that day. In the course of the search, federal agents seized, inter alia, (i) nearly one hundred empty prescription bottles for various controlled substances that had been prescribed to Wolford, McCauley and other unindicted co-conspirators, totaling more than 8,000 pills, (ii) drug measuring devices, (iii) syringes, spoons and drug pipes with suspected drug residue, and (iv) handwritten drug transaction logs.
On February 24, 2006-the day after Wolford's arrest-Alfred Lincoln Robertson, Jr., Esq. (hereinafter “trial counsel”) was appointed to represent Wolford in this matter pursuant to the CJA, 18 U.S.C. § 3006A. In the days immediately following his appointment, but prior to meeting personally with Wolford, trial counsel (i) researched Wolford's criminal record and background, (ii) researched developments in the law related to the case, (iii) spoke with government counsel regarding the charged conduct, and (iv) reviewed the criminal complaint and supporting affidavit. See Trial Counsel's CJA Voucher (Doc. 104, Ex. C) (hereinafter “CJA Voucher”). Trial counsel then met with Wolford on February 28, 2006, to discuss the facts of the case and “strategy.” Id. A detention hearing was also held on February 28, 2006, at the conclusion of which Wolford was released on certain conditions, including the special condition-requested jointly by trial counsel and government counsel-that Wolford attend a Phoenix House 90-day inpatient drug treatment program. The matter was thus scheduled for a status conference on May 23, 2006, following Wolford's anticipated release from the Phoenix House program.
While Wolford was at the Phoenix House, trial counsel continued to engage in case-related discussions with government counsel and the assigned law enforcement agents. In this regard, trial counsel held a meeting with the case agents and government counsel on March 7, 2006, to discuss the facts of the case and the charged conduct. See CJA Voucher. The record also reflects that the government extended its first written plea offer to Wolford on that date. Specifically, in a letter addressed to trial counsel dated March 7, 2006, the government proposed that Wolford plead guilty to two offenses, namely (i) one count of conspiracy to distribute controlled substances, in violation of 21 U.S.C. § 846, with a projected guidelines base offense level of 28 to 30 based on drug quantity, and (ii) one count of health care fraud, in violation of 18 U.S.C. § 1347. See Gov't Ex. 1 to Oct. 9, 2009 Hr'g. In return for Wolford's plea of guilty to these two charges, the government agreed in the March 7, 2006 letter that it would not charge Wolford for engaging in criminal conduct in a protected area-the elementary school located within 1,000 feet of her residence-and that it would not seek any additional adjustments or enhancements to her offense level related to “gun, role, or juveniles.” Id. 4
Trial counsel received and reviewed the government's March 7, 2006 letter, and while he does not specifically recall discussing that particular plea offer with Wolford, he testified that it was his usual practice in 2006, as it has been throughout his entire legal practice, “to tell clients of every plea offer.” See Oct. 9, 2009 Hr'g Tr. (hereinafter “Tr.”) at 154. Trial counsel further noted that “[e]very offer made in any type of case, I've always reported to a client what the basic outlines and basic terms were.” Id. 5 Trial counsel's certified voucher includes an entry listed as “review proposed plea agreement” on March 7, 2006, but no additional entry is included around this time period reflecting that trial counsel disclosed or discussed the March 7, 2006 plea offer with Wolford. See CJA Voucher. Instead, the voucher reflects that trial counsel first contacted the Phoenix House on March 9, 2006, in an effort to ascertain the proper procedures for contacting Wolford during her participation in the inpatient drug treatment program, but that he did not speak personally with Wolford on that date. Id. Wolford, for her part, likewise does not remember “anyone” telling her about a plea offer extended by the government in March 2006. Tr. at 24. 6
Between mid-March and late April 2006, trial counsel did not perform any substantive work in connection with this case with the exception of engaging in several telephone discussions with government counsel and with Wolford concerning an extension of the indictment period. See CJA Voucher. In this regard, the record reflects that during Wolford's stay at the Phoenix House, the government filed two motions, pursuant to 18 U.S.C. § 3161(h), to extend the time for filing an indictment beyond the otherwise applicable Speedy Trial Act deadline based on the fact that the parties were engaged in ongoing plea negotiations. Both motions for an extension of the indictment period were granted, the first on March 29 and the second on April 30, 2006. United States v. Wolford, 1:06cr113 (E.D.Va. Mar. 29 and Apr. 30, 2006) (Orders).
Approximately two weeks prior to her completion of the Phoenix House program, Wolford appeared, with trial counsel, at a May 23, 2006 status conference. Tr. at 24. In the course of that hearing, the government submitted yet another consent motion, pursuant to 18 U.S.C. § 3161(h), to extend the time for filing an indictment based on the parties' ongoing plea negotiations. This third motion, like the previous motions, was granted, thereby extending the indictment period until June 29, 2006.
United States v. Wolford, 1:06cr113 (Order). According to Wolford, trial counsel was “excited” at the conclusion of the May 23, 2006 status hearing and told Wolford as they were leaving the courthouse that the government “was even going to recommend 5K.” Tr. at 26. Wolford does not recall asking trial counsel on that occasion what 5K meant, but she “assumed from then on,” incorrectly of course, that “5K meant probation.” Tr. at 26. 7
On May 25, 2006, a “de-brief and proffer” session was held at the Phoenix House, during which Wolford and trial counsel met for approximately two to three hours with several government agents, including the lead case agent, Matthew Schneck. See CJA Voucher; Tr. at 28. At that meeting, Wolford signed an immunity agreement-a document that she described as providing that anything she said in the course of the meeting “could not be held against [her] but anything [she] lied about ... could be held against [her].” Tr. at 30-31. Among the subjects discussed at the May 25, 2006 meeting was Wolford's possible cooperation with law enforcement authorities. In this...
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