UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6793

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RICHARD ANTHONY WILFORD, a/k/a Richie Rich,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

Ellen Lipton Hollander, Senior District Judge. (1:11-cr-00258-ELH-2; 1:19-cv-01926-

ELH)

Submitted: April 29, 2024 Decided: August 15, 2024

Before WILKINSON and AGEE, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed in part, vacated in part, and remanded by unpublished per curiam opinion.

Brent Evan Newton, Gaithersburg, Maryland, for Appellant. John Walter Sippel, Jr., 

Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, 

Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

Richard Anthony Wilford appeals the district court’s order denying relief on his 28 

U.S.C. § 2255 motion. We previously granted a partial certificate of appealability and 

directed informal briefing on the issue of whether the district court abused its discretion by 

declining to hold an evidentiary hearing before denying relief on Wilford’s claim that his 

counsel rendered ineffective assistance during the plea process. Upon review of the 

parties’ submissions and the record, we dismiss in part, vacate in part, and remand for 

further proceedings.

In § 2255 proceedings, “[u]nless the motion and the files and records of the case 

conclusively show that the prisoner is entitled to no relief, the court shall . . . grant a prompt 

hearing thereon, determine the issues and make findings of fact and conclusions of law 

with respect thereto.” 28 U.S.C. § 2255(b). Generally, whether an evidentiary hearing is 

necessary is left to the sound discretion of the district court. United States v. Paylor, 88 

F.4th 553, 565 (4th Cir. 2023). However, when a § 2255 movant “presents a colorable 

Sixth Amendment claim showing disputed facts beyond the record, or when a credibility 

determination is necessary to resolve the claim,” an evidentiary hearing is required. United 

States v. Mayhew, 995 F.3d 171, 176-77 (4th Cir. 2021).

To succeed on his claim of ineffective assistance of counsel, Wilford was required 

to show that (1) his counsel’s performance was constitutionally deficient and (2) he was 

prejudiced by the deficient performance. Strickland v. Washington, 466 U.S. 668, 687 

(1984). To satisfy the performance prong, Wilford had to “show that counsel’s 

representation fell below an objective standard of reasonableness.” Id. at 688. To satisfy 

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the prejudice prong, Wilford was required to demonstrate a reasonable probability “that he 

would have accepted a plea, that the court would have approved its terms, and that the 

resulting conviction or sentence would have been less severe than that actually imposed.” 

Mayhew, 995 F.3d at 177 (internal quotation marks omitted).

In a signed declaration attached to his § 2255 motion, Wilford claimed that he 

declined a plea deal based on counsel’s advice that a pending motion to suppress had a 

“good chance of winning.” The district court found that an evidentiary hearing was 

unnecessary to resolve this claim because the motion to suppress, although ultimately 

unsuccessful, was not frivolous, and the relevant records established that Wilford intended 

to proceed to trial regardless of counsel’s advice. However, given the existing law at the 

time, we conclude that it would have been unreasonable to characterize the suppression 

motion—which challenged law enforcement’s use of GPS tracking and cell phone location 

data—as having a “good chance” of success. See United States v. Stephens, 764 F.3d 327, 

335-38 (4th Cir. 2014) (holding that good faith exception to the exclusionary rule applies 

to certain evidence obtained through warrantless use of GPS devices prior to relevant 

changes in Fourth Amendment jurisprudence). Moreover, the plea deal set forth a sentence 

of around eight years, whereas Wilford was sentenced to a much lengthier term of 

imprisonment following trial. Accordingly, we conclude that Wilford presented a 

colorable claim that counsel’s representation during the plea negotiations was both 

deficient and prejudicial.

Furthermore, the records the district court relied on to find that Wilford never 

intended to plead guilty memorialize proceedings that occurred well after Wilford declined 

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the relevant plea deal. Thus, they do not conclusively foreclose his claim that he denied 

the plea deal based on counsel’s alleged advice. We therefore vacate the district court’s 

order in part and remand to the district court for an evidentiary hearing on this claim.∗

The remainder of the district court’s order is not appealable unless a circuit judge or 

justice issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). A certificate 

of appealability will not issue absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that reasonable jurists could find the 

district court’s assessment of the constitutional claims debatable or wrong. See Buck v. 

Davis, 580 U.S. 100, 115-17 (2017). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive procedural ruling is 

debatable and that the motion states a debatable claim of the denial of a constitutional right. 

Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 

484 (2000)). We have independently reviewed the record and conclude that Wilford has 

not made the requisite showing with regard to the remaining ineffective assistance of 

counsel claim he pursues on appeal, which concerned his counsel’s failure to object to the 

lack of formal arraignment. Thus, we deny a certificate of appealability as to that claim.

Accordingly, we dismiss the appeal, in part; vacate that part of the district court’s 

order denying Wilford’s claim that counsel rendered ineffective assistance during plea 

negotiations; and remand for further proceedings consistent with this opinion. We dispense

∗ We express no view on the ultimate merits of Wilford’s claim.

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with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

DISMISSED IN PART,

VACATED IN PART, 

AND REMANDED

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