United States v. McLaughlin

1

UNITED STATES OF AMERICA, v. EDWARD MCLAUGHLIN, Defendant.

No. 3:12-CR-179

United States District Court, M.D. Pennsylvania

June 16, 2022

MEMORANDUM OPINION

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

I. Introduction

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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