Nikeem Leach-Hilton was indicted in the Eastern District of Pennsylvania for three counts of carjacking, three counts of brandishing a firearm during a carjacking, and conspiracy to commit carjacking. In July 2023, Leach-Hilton entered into a Rule 11(c)(1)(C) plea agreement, pleading guilty to three carjacking counts, one firearm count, and the conspiracy count. The agreement stipulated to a specific sentencing range of 192 to 219 months and included an appellate waiver prohibiting challenges to the sentence unless based on ineffective assistance of counsel. Although the Presentence Report recommended a lower range of 181 to 205 months, the District Court sentenced Leach-Hilton to the maximum stipulated term of 219 months. After his counsel failed to file a notice of appeal, Leach-Hilton filed a pro se habeas motion, which led to the appointment of substitute counsel and the filing of this appeal challenging the sentence and his counsel's performance.
The court addressed three distinct challenges raised by Leach-Hilton. First and second, regarding the upward variance and the alleged failure to consider the 18 U.S.C. § 3553(a) factors, the court found these arguments barred by the appellate waiver. The waiver contained only one exception: claims of ineffective assistance of counsel. Since Leach-Hilton's arguments regarding the sentence's reasonableness and the § 3553(a) factors did not rely on ineffective assistance grounds, the waiver precluded review. Third, regarding the ineffective assistance claim, the court acknowledged that this specific challenge was not barred by the waiver. However, the court applied the general rule that ineffective assistance claims are not cognizable on direct appeal. The court found no exceptional circumstances warranting an exception to this rule, noting that resolving the claim would require developing a record akin to a collateral proceeding. Consequently, the claim was denied without prejudice to Leach-Hilton's ability to pursue it in a collateral proceeding.
Leach-Hilton's conviction and 219-month sentence stand. The decision reinforces the enforceability of appellate waivers in plea agreements, barring direct appeals on sentencing grounds unless ineffective assistance is alleged. It also clarifies that even when an ineffective assistance claim is preserved by a waiver, it generally cannot be resolved on direct appeal, requiring the defendant to file a separate 28 U.S.C. § 2255 motion to develop the factual record necessary for such a claim.
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