United States District Court, D. Hawaii
MARK K. BEEBE, Petitioner,
UNITED STATES OF AMERICA, Respondent. CV. No. 16-00388 DKW-KSC
ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 TO
VACATE, SET ASIDE, OR CORRECT SENTENCE
Derrick K. Watson United States District Judge.
October 6, 2014, Petitioner Mark K. Beebe pled guilty,
pursuant to a Plea Agreement, to knowingly and intentionally
conspiring with three others “to distribute and to
possess with intent to distribute, fifty (50) grams or more
of methamphetamine, its salts, isomers and salts of its
isomers.” See Mem. of Plea Agreement 1-2, ECF
No. 55. Beebe was later sentenced to 87 months'
imprisonment and 5 years of supervised release. Judgment 2-3,
5, ECF No. 108.
on 28 U.S.C. § 2255, Beebe now seeks to vacate his
guilty plea and/or sentence, based on the alleged ineffective
assistance of counsel. See Am. Mot. Under 28 U.S.C.
§ 2255 to Vacate, Set Aside, or Correct Sentence, ECF
No. 147 [hereinafter Section 2255 Motion].
careful consideration of the instant motion, the briefs, the
materials in the Record, and the relevant legal authority,
Beebe's Section 2255 Motion is DENIED. The Court also
DENIES a Certificate of Appealability.
Indictment And Guilty Plea
17, 2014, a Grand Jury returned an Indictment charging Beebe
and three others with several drug-related felony offenses
under Titles 18 and 21 of the United States Code. Indictment
1-2, ECF No. 2. The Magistrate Judge appointed Richard D.
Gronna, Esq. on July 22, 2014 to represent Beebe throughout
the proceedings. CJA 20 Appointment of & Authority to Pay
Ct. Appointed Counsel, ECF No. 35.
October 6, 2014, the parties entered into a Plea Agreement
(ECF No. 55). In that agreement, Beebe acknowledged that he
fully understood-and had consulted with Mr. Gronna
regarding-the charges against him and agreed to plead guilty
to Count 1:
1. [Beebe] acknowledges that he has been charged in the
Indictment with conspiring to distribute and possess with
intent to distribute fifty (50) grams or more of
methamphetamine, its salts, isomers and salts of its isomers,
in violation of Title 21, [U.S.C.], Sections 846, 841(a)(1)
and 841(b)(1)(A) (Count 1), and distributing fifty (50) grams
or more of methamphetamine, its salts, isomers and salts of
its isomers in violation of Title 21, [U.S.C.], Sections
841(a)(1) and 841(b)(1)(A) (Count 7).
2. [Beebe] has read the charges and allegations against him
contained in the Indictment, and these charges and
allegations have been fully explained to him by [Mr. Gronna].
In making his decision to plead guilty, [Beebe] has had
the full opportunity to consult with [Mr. Gronna], and he is
fully satisfied with the legal representation and advice he
has received from [Mr. Gronna].
3. [Beebe] fully understands the nature and elements of the
crimes with which he has been charged.
4. [Beebe] will enter a voluntary plea of guilty to Count 1 .
. . of the Indictment. In exchange, the [Government] agrees
to dismiss the remaining counts of the Indictment against the
defendant at the time of sentencing.
. . . .
18. [Beebe] and his attorney acknowledge that no threats,
promises, or representations have been made, nor agreement
reached, other than those set forth in this Agreement, to
induce [Beebe] to plead guilty.
Agreement ¶¶ 1-4, 18 (emphasis added). The
agreement further states that Beebe “enters this plea
because he is in fact guilty of the crimes charged against
him” and reiterates that “this plea is voluntary
and not the result of force or threats.” Plea Agreement
¶ 6. In the Plea Agreement, Beebe also acknowledged the
potential penalties that he faced:
7. [Beebe] understands that the statutory penalty for the
offense charged in Count 1 to which he is pleading guilty is
a mandatory minimum term of imprisonment of ten (10)
years, a statutory maximum term of imprisonment of life,
a term of supervised release of not less than five (5) years
and up to life, and a fine of up to $10, 000, 000, or both.
See 21 U.S.C. § 841(b)(1)(A).
Agreement ¶ 7 (emphasis added). Beebe additionally
agreed to waive his rights to appeal or to collaterally
attack his sentence in most circumstances, except, as
relevant here, to the extent he based such a challenge on a
claim of ineffective assistance of counsel. Plea Agreement
change-of-plea hearing occurred on October 6, 2014.
See Tr. of Hr'g, Oct. 6, 2014, ECF No. 126
[hereinafter Tr. of COP Hr'g]. At the hearing, the Court
confirmed that Beebe understood the “essential
terms” of the Plea Agreement, including the penalties
to which a guilty plea would expose him:
THE COURT: All right. Now, Mr. Loo [the Assistant United
States Attorney (“AUSA”) representing the
Government], what is the maximum penalty that the defendant
faces for pleading guilty to Count 1?
MR. LOO: Yes, Your Honor, with respect to Count 1 of the
indictment that offense is punishable by a mandatory
minimum term of imprisonment of ten years; a statutory
maximum term of imprisonment of life; a fine of up to $10
million; a term of supervised release of not less than five
years and up to life; and a $100 special assessment.
THE COURT: All right. Mr. Gronna, do you agree with the
potential penalties as articulated by AUSA Loo with regard to
what your client faces for pleading guilty to Count 1?
MR. GRONNA: Yes.
THE COURT: All right. Mr. Beebe, do you understand the
maximum penalty that you face for pleading guilty to Count 1
as well as the mandatory minimum?
THE DEFENDANT: Yes.
Tr. of COP Hr'g at 13-16 (emphasis added). Beebe further
acknowledged that the Court would not be bound by the Plea
Agreement or any other recommendation ...