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United States v. William Henry Walker, Jr.
Citation: 68 F.3d 931Docket: 94-10880
Court: Court of Appeals for the Fifth Circuit; January 18, 1996; Federal Appellate Court
William Henry Walker, Jr. appealed the dismissal of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 after the district court denied his request with prejudice. Walker was charged with multiple drug offenses, pled guilty to possession with intent to distribute methamphetamine, and agreed to a 14-year sentence in a plea deal. The presentence report (PSR) indicated that Walker, along with co-defendants, was involved in the distribution of methamphetamine and possession of phenylacetone, with evidence supporting his participation in related activities. The PSR calculated a guideline sentencing range of 235 to 293 months based on significant drug quantities, including methamphetamine and phenylacetone. Before sentencing, the government offered to exclude the phenylacetone from consideration if Walker accepted a stipulation regarding the methamphetamine amount, which he agreed to just before the hearing. Consequently, the sentencing range was adjusted to 121 to 151 months, resulting in a 144-month sentence. Later, Walker discovered that the court had inadvertently applied the 1990 sentencing guidelines instead of the 1988 guidelines. He successfully filed a motion to correct his sentence based on the 1988 guidelines, resulting in a reduced sentence of 121 months. A subsequent motion to correct his sentence was denied, and this denial was upheld on appeal. The court affirmed the district court's dismissal of Walker's initial motion. On April 4, 1994, Walker filed a motion under 28 U.S.C. § 2255 to vacate or correct his sentence, arguing that the methamphetamine amount used in his sentencing was incorrect and unsupported by lab reports. He claimed this error stemmed from ineffective assistance of counsel. A magistrate judge recommended dismissing the motion with prejudice, and the district judge adopted this recommendation without conducting an evidentiary hearing. On appeal, Walker reiterated that his sentencing stipulation and the alleged incorrect sentence resulted from ineffective assistance of counsel. The court noted that § 2255 relief is primarily for constitutional rights violations and issues not previously raised on direct appeal, requiring the movant to show "cause" for procedural default and "actual prejudice." The court emphasized that mere miscalculations under sentencing guidelines do not qualify for § 2255 relief unless they involve constitutional issues like ineffective assistance of counsel. To prove ineffective assistance, Walker must demonstrate that his counsel's performance was deficient and that this deficiency prejudiced his defense. The presumption is that an attorney's performance is adequate unless proven otherwise. Walker was not afforded an evidentiary hearing, but the court determined that if the record established that he could not prove the necessary elements of his claim, a hearing was unnecessary. Defense counsel's agreement to the proposed methamphetamine amount was deemed reasonable, considering that significant quantities of phenylacetone could have been factored into the sentencing. The court found that Walker could not show prejudice, as considering phenylacetone could have resulted in a doubled prison term. Consequently, the court affirmed the district court's judgment dismissing Walker's motion with prejudice. Walker also highlighted discrepancies in lab reports, asserting the correct methamphetamine weight was 221 grams, as opposed to the 454 grams reported.