Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. McDade

United States District Court, D. Columbia.

April 29, 2014

UNITED STATES OF AMERICA
v.
BYRON LAMONT MCDADE, Defendant Criminal No. 00-0105 (PLF)

          BYRON LAMONT MCDADE, also known as / / BARRY (1:00-cr-00105-PLF-4), Defendant, Pro se, LORETTO, PA.

         For BYRON LAMONT MCDADE, also known as / / BARRY (1:00-cr-00105-PLF-4), Defendant: Christopher Michael Davis, Mary Elizabeth Davis, LEAD ATTORNEYS, DAVIS & DAVIS, Washington, DC.

         For UNITED STATES OF AMERICA (1:00-cr-00105-PLF-4), Plaintiff: John Philip Dominguez, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Sherri Lee Berthrong, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

         Byron Lamont Mcdade (1:13cv1066), Petitioner, Pro se, Loretto , PA.

          MEMORANDUM OPINION

         PAUL L. FRIEDMAN, United States District Judge.

         On February 25, 2002, after a ten-day trial, a jury found defendant Byron Lamont McDade guilty of conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine. Most of the witnesses at trial were his former co-defendants or others involved in

Page 27

the conspiracy who had negotiated pleas with the government involving cooperation and testimony. In fact, McDade was the only one of those charged in this multi-defendant case to have proceeded to trial. Regrettably, pursuant to the then-mandatory pre- Booker sentencing guidelines, the Court was required to sentence McDade to 324 months in prison, a sentence which the Court described at the time as " much more than sufficiently punitive." See Judgment and Commitment (June 3, 2002), at 6. McDade's conviction was affirmed on his direct appeal to the United States Court of Appeals for the District of Columbia Circuit, see United States v. McDade, No. 02-3054, 2003 WL 22204126 (D.C. Cir. Sept. 16, 2003), and the Supreme Court denied his petition for a writ of certiorari. See McDade v. United States, 541 U.S. 911, 124 S.Ct. 1622, 158 L.Ed.2d 259 (2004).

         McDade, through new counsel, then filed a motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. He challenged his sentence on constitutional grounds, relying on United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). He also asserted that he had received ineffective assistance of counsel from both his appellate lawyer and his trial lawyer, the latter because trial counsel purportedly failed to interview and present the testimony of three potential defense witnesses. This Court denied the Booker motion and the challenge to the effectiveness of appellate counsel without a hearing. See United States v. McDade, Criminal No. 00-0105, Dkt. No. 345, (D.D.C. Jan. 5, 2006) (Memo. Op. & Order).

         On January 15, 2008, the Court held an evidentiary hearing on the defendant's ineffective assistance of trial counsel claim. McDade testified about the information he had given to trial counsel regarding three impeachment witnesses, and trial counsel testified as to his trial strategy and his reasons for not calling or interviewing those witnesses. McDade also called one of those three witnesses to testify at the hearing and submitted an affidavit from another. This Court denied McDade's Section 2255 motion, finding that trial counsel's decisions not to call the three witnesses and not to interview two of them were not objectively unreasonable, while the decision not to interview one of them was. See United States v. McDade, 639 F.Supp.2d 77, 82-84 (D.D.C. 2009). Nevertheless, the Court found that McDade had failed to show prejudice and therefore was not entitled to relief. Id. at 85. After briefing and oral argument, the D.C. Circuit affirmed. See United States v. McDade, 699 F.3d 499, 403 U.S. App.D.C. 30 (D.C. Cir. 2012).

         I.

         On July 13, 2013, Mr. McDade, acting pro se, filed a new motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. He requests that his conviction be vacated because of purported newly discovered evidence, prosecutorial misconduct, and violations of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Rather than respond to McDade's Section 2255 motion, the United States moved to transfer that motion from this Court to the U.S. Court of Appeals for the D.C. Circuit. The government argues that authorization from that court is required before this Court can consider a second or successive Section 2255 motion, and that, without authorization from the D.C. Circuit, this Court lacks jurisdiction to consider defendant's claims on their merits. See 28 U.S.C. § 2255(h). Because the Court did not believe that a pro se defendant should be required to respond to this jurisdictional argument without the assistance of counsel, it appointed Christopher M. Davis and Mary E.

Page 28

Davis to represent Mr. McDade in this matter, and they have done so professionally ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.