Pettaway诉美利坚合众国案

Edwin Artis Pettaway was convicted by a jury in the Northern District of Alabama of possession with intent to distribute 28 grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 174 months' imprisonment. Pettaway subsequently filed a motion to vacate his sentence under 28 U.S.C. § 2255, raising four grounds: (1) the court plainly erred by allowing mixed fact and expert testimony without a cautionary instruction; (2) trial counsel provided ineffective assistance by failing to object to such testimony; (3) admission of hearsay from a nontestifying confidential informant violated the Confrontation Clause; and (4) trial counsel was ineffective for failing to object to the improper testimony. He also sought appointment of counsel. On October 20, 2023, the court denied the § 2255 motion and the motion for counsel, and denied a certificate of appealability.

The court denied Pettaway's § 2255 motion to vacate sentence, denied as moot the motion for appointment of counsel, and denied a certificate of appealability.

Whether the trial court plainly erred in admitting mixed fact and expert testimony without a cautionary instruction; whether trial counsel provided ineffective assistance by failing to object; whether hearsay from a nontestifying confidential informant violated the Confrontation Clause; and whether these claims were procedurally defaulted.

The case illustrates the high procedural bar faced by federal prisoners seeking post-conviction relief under § 2255, particularly when claims are procedurally defaulted or when ineffective assistance claims fail on the merits. It also highlights the deference accorded to trial court evidentiary rulings and the difficulty of challenging convictions based on confidential informant testimony.