Full opinion text
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Currently pending before the Court is Defendant Kofi Apea Orleans-Lindsay’s Motion to Withdraw his guilty plea in the above-captioned criminal case, which he brings pursuant to 28 U.S.C. § 2255. On December 14, 2001, Mr. Orleans-Lindsay (“Petitioner”) pled guilty to the first degree murder of Maryland State Trooper Edward M. Toatley, a person aiding in a Federal investigation, in violation of 18 U.S.C. § 1121(a)(1). Pursuant to the parties’ plea agreement, the Court proceeded to sentence Petitioner to life imprisonment without the possibility of parole immediately upon accepting his plea of guilty. A year later, Petitioner moved, initially pro se, to withdraw his guilty plea pursuant to Section 2255, and the Court appointed counsel to represent Petitioner in connection with his Motion to Withdraw. That Post-Plea Counsel met with Petitioner, conducted an extensive investigation of the arguments and assertions Petitioner raised in connection with his Section 2255 Motion, and supplemented Petitioner’s Motion as he considered appropriate. In combination, Petitioner’s original pro se Motion and his counseled filings principally argue: (1) that the colloquy the Court conducted with Petitioner during the plea hearing did not support a factual finding that Petitioner acted with premeditation and after deliberation, as required for his plea of guilty to first degree murder; and (2) that, in a variety of ways, Petitioner’s Plea Counsel provided constitutionally deficient and prejudicial assistance, which impacted the voluntary, knowing, and/or intelligent nature of Petitioner’s guilty plea. The Court conducted a searching review of Petitioner’s original pro se Motion, the Supplement prepared and filed by his Post-Plea Counsel, the Government’s Opposition to Petitioner’s Motion, the exhibits thereto, and Petitioner’s counseled Reply. After reviewing those materials, the Court requested that the Government provide the Court with copies of certain letters and videotapes referenced in the parties’ filings, which the Court received and has now reviewed. Based upon all of the foregoing, as well as the relevant statutes and case law and the entire record herein, the Court finds that an evidentiary hearing is unnecessary to the resolution of Petitioner’s motion. Further, for the reasons set forth below in this Memorandum Opinion, the Court shall deny Petitioner’s Motion to Withdraw his guilty plea pursuant to 28 U.S.C. § 2255. I: BACKGROUND A. Events Surrounding the Shooting of Trooper Toatley 1. The Shooting of Trooper Toatley on October SO, 2000 Trooper Edward M. Toatley of the Maryland State Police was shot and killed on the night of October 30, 2000, while acting in an undercover capacity in a federal narcotics investigation. Gov’t Opp’n at 1. The following description of the events leading up to Trooper Toatley’s shooting is based upon the Government’s factual proffer during Petitioner’s December 14, 2001 plea hearing, as well as the Court’s in camera review of two videotapes recorded in Trooper Toatley’s undercover police vehicle on the night he was shot. In August of 2000, Trooper Toatley, in association with other state and local law enforcement officers, initiated an investigation of drug trafficking in the Maryland suburbs located near the District of Columbia border. Tr. of 12/14/01 Plea Hrg. (hereinafter “Plea Tr.”) at 18:18-22. In September 2000, as part of the ongoing investigation, Trooper Toatley made a number of undercover drug purchases from Petitioner. Id. at 18:23-20:8. On October 12, 2000, Trooper Toatley was deputized to participate in an Organized Crime Drug Enforcement Task Force investigation, and on October 13, 2000, a federal investigation was initiated after consultation with the Federal Bureau of Investigation (FBI) and the United States Attorney’s Office for the District of Columbia (USAO). Id. at 20:9-15. On the morning of October 30, 2000, Trooper Toatley arranged to meet Petitioner later the same evening in the vicinity of the Takoma Park Metro Station in Washington, DC, to engage in another drug transaction. Id. at 20:16-20. At approximately 8:20 p.m. on October 30, 2000, Petitioner arrived at the designated meeting place in a silver Mercedes and parked his car. Id. at 20:21-24. Trooper Toatley was parked nearby, sitting in the driver’s seat of an undercover vehicle equipped with three hidden video cameras. Id. at 20:25-21:3; Gov’t Opp’n at 9. The video cameras were operating and recording throughout Trooper Toatley’s meeting with Petitioner on the night of October 30, 2000, and captured his shooting. One of the video cameras was hidden in the center of the undercover vehicle’s dashboard and recorded activity in the front seat of the undercover vehicle on a video recorder dedicated to that camera. Plea Tr. at 21:4-6; Gov’t Opp’n at 9-10. Two other cameras were hidden in the front doors of the undercover vehicle, and each of those cameras focused across the front seat of the vehicle towards the seat on the opposite side. Plea Tr. at 21:7-9; Gov’t Opp’n at 10. Both of the door cameras recorded on a second video recorder, so that only one could be activated at any time, and Trooper Toatley had a remote device that allowed him to control which camera was recording at any given time. Plea Tr. at 21:8-9; Gov’t Opp’n at 10. Throughout the relevant time period, the camera in the driver’s door was recording, and was focused on the passenger’s seat and passenger’s side front door of the undercover vehicle. Gov’t Opp’n at 10 n.5. As such, two videotapes were created of the events on October 30, 2000, showing two different perspectives; the videotape recorded from the front of the car generally shows both Trooper Toatley and the passenger, while the videotape recorded from the driver’s door generally shows only the passenger. Plea Tr. at 21:11-14. Petitioner entered the undercover vehicle at approximately 8:20 p.m. on October 30, 2000. Id. at 20:25-21:2. Just before Petitioner entered the vehicle, Trooper Toatley can be heard on the video recording describing the sweatshirt Petitioner Orleans-Lindsay is wearing as a “GAP sweatshirt,” that is a sweatshirt with the letters “G-A-P” on the front in large white print. See Gov’t Opp’n, Attach. E (Gov’t Proffer of Proof in Support of Plea of Guilty) at 13. Upon entering the undercover vehicle on the passenger’s side, Petitioner directed Trooper Toatley where to drive. Gov’t Opp’n at 10. Trooper Toatley stated that he expected Petitioner to bring the drugs he planned to sell with him to the meeting place, but nevertheless followed Petitioner’s directions as to where to go to retrieve the drugs. Petitioner was the only passenger in the undercover vehicle at the time in question, and the two videotapes provide numerous clear views of Petitioner’s face and his distinctive GAP sweatshirt throughout the over fifteen minute drive. Plea Tr. at 21:15-18; Gov’t Opp’n at 10. Throughout the course of that drive, Petitioner can be heard intermittently giving Trooper Toatley specific directions. Plea Tr. at 21:19-20. Petitioner’s conversations with Trooper Toatley during the drive can also be clearly heard on the video recorded from the driver’s door, and the Court’s review of that videotape reveals that Petitioner’s conversations with Trooper Toatley were friendly, that the two conversed easily, and that the conversations were of a jocular nature. Of note, during the course of the drive, Petitioner and Trooper Toatley discussed the silver Mercedes that Petitioner drove to the meeting place. Petitioner and Trooper Toatley also discussed Petitioner’s then-recent experience of having been tricked by a drug seller who sold him ibuprofen rather than ecstasy, and his desire for revenge against the drug seller. In addition, Petitioner and Trooper Toatley discussed the recent death of one of Petitioner’s close friends and again discussed the possibility of revenge in connection with that death. Just before the undercover vehicle arrived at its final destination, Petitioner asked Trooper Toatley for a cigarette and Trooper Toatley gave him one. Plea Tr. at 21:24-25. On the videotapes, Petitioner can be seen lighting and smoking the cigarette when he exits the undercover vehicle. Gov’t Opp’n at 11 n. 7. After the undercover vehicle arrived at the 2000 block of Douglas Street, NE in the District of Columbia, Petitioner instructed Trooper Toatley to park the vehicle. Plea Tr. at 21:25-22:2. Trooper Toatley then turned on the overhead light of the passenger compartment and handed Petitioner $3,500 in prerecorded government funds as cash payment for the crack cocaine Trooper Toatley believed Petitioner would be providing. Id. at 22:3-7. Trooper Toatley began to count out the money but Petitioner stopped him, saying he believed Trooper Toatley that the money was all there. Gov’t Opp’n at 55. Trooper Toatley then jokingly asked Petitioner whether he was going to run with the money, and Petitioner feigned insult, saying he was being “disrespected.” Id. After telling Trooper Toatley that he would be gone for five minutes, Petitioner left the undercover vehicle, still carrying the cigarette that Trooper Toatley had given him. Plea Tr. at 22:7-9. Approximately thirty seconds later, Petitioner returned to the passenger window of the undercover vehicle to tell Trooper Toatley that his lights were on. Gov’t Opp’n at 11 n.8. Trooper Toatley then watched Petitioner walk away, and made a cell phone call to surveillance personnel to advise them that Petitioner had left the vehicle and was out of Trooper Toatley’s sight. Id. After hanging up his cell phone, Trooper Toatley can be heard telling the surveillance personnel that the Petitioner was returning to the vehicle. Id. According to the Government’s Opposition, Trooper Toatley’s recorded observations coincide with those of agents in a surveillance vehicle parked nearby and thus corroborate Petitioner’s eyewitness identification by one of the agents. Id. Approximately three minutes after returning to the undercover vehicle to tell Trooper Toatley that the lights were on, Petitioner returned to the passenger window of the undercover vehicle. Plea Tr. at 22:10-11, 33:2:4. During the Rule 11 plea colloquy, Petitioner informed the Court that while he was away from the undercover vehicle he went “[a]round the corner,” id. at 33:5-6, and that he did not have any intention of giving Trooper Toatley any crack cocaine when he exited the vehicle and went around the corner, id. at 35:2-19. When he returned to the vehicle, Petitioner still had the cigarette that Trooper Toatley had given him and the glow of the cigarette provides an indication of Petitioner’s movements in the darkness outside of the passenger window. Id. at 22:11-14; Gov’t Opp’n at 14 n.14. After returning to the vehicle, Petitioner took two or three puffs on his cigarette (causing it to glow more brightly), while standing outside the passenger window, before throwing the cigarette to the ground and stepping forward to crush it out with his foot. Plea Tr. at 22:11-14; Gov’t Opp’n at 14 n.14. Petitioner then opened the front passenger door of the undercover vehicle, causing the overhead light to illuminate. Plea Tr. at 22:15. At that point, Trooper Toatley was seated in the driver’s seat’ of the undercover vehicle with his hands in his lap, and asked Petitioner “is everything all right?” Id. at 22:16-17. Without responding to Trooper Toatley, Petitioner removed a gun from the front pocket of his sweatshirt with his right hand and pointed the gun directly at Trooper Toatley’s head. Id. at 22:18-20. Upon seeing the gun, Trooper Toatley reached up with his right hand in an attempt to block the gun, and succeeded in slightly pushing the gun towards the rear seat area. Id. at 22:21-25. Undeterred, Petitioner brought the muzzle of the gun back to bear on Trooper Toat-ley’s head and fired one shot at close range that entered the right side of the Trooper’s head and exited the left side. Id. at 23:1-3. Trooper Toatley’s window was open and the bullet passed into the street area beside the car. Id. at 23:4-5. The shooting occurred at approximately 8:40 p.m. Id. at 23:5-6. On the video recorded from the driver’s door of the undercover vehicle, Petitioner can be seen pausing briefly to observe Trooper Toatley before fleeing the scene. Gov’t Opp’n at 12. Shortly after the shooting, Trooper Toatley was transported to the hospital, where he was pronounced dead. Plea Tr. at 23:22-24. The next day, a doctor performed an autopsy and determined that the cause of Trooper Toatley’s death was a “gunshot wound to the head with perforation of the brain,” and ruled the death a homicide. Id. at 23:25-24:3. %. The Ensuing Investigation, Arrest, and Indictment In investigating Trooper Toatley’s murder, law enforcement utilized two accredited bloodhounds to track the shooter’s flight path to a nearby alley. Gov’t Opp’n at 12. At the intersection of two alleys behind the 2000 block of Douglas Street, NE, investigators discovered a key chain with a tag with the word “Kofi” written on it. Id. at 12-13 & n. 10; Plea Tr. at 23:7-12. The key on the key chain fit the silver Mercedes that Petitioner drove to meet Trooper Toatley on the night of October 30, 2000. Gov’t Opp’n at 13. In addition, in a pocket on the key chain, investigators found a newspaper obituary for the friend whose death Petitioner and Trooper Toat-ley discussed during their drive to the 2000 block of Douglas Street, NE. Id. at 13 n.ll. Near the curb approximately 50 feet in front of the undercover vehicle, evidence technicians recovered a .380 caliber projectile or slug. Plea Tr. at 24:23-25. Forensic examination of that slug indicated that it could have been fired by a Lorcin 380. Id. at 24:25-25:4. The FBI laboratory processed the bullet and recovered DNA evidence from the slug, which was compared to DNA samples taken from Trooper Toatley shortly after his death. Id. at 25:5-8. Based on that comparison, an FBI DNA expert concluded that the DNA on the slug was that of Trooper Toatley. Id. at 25:8-9. On July 15, 2001, a woman doing yard work in a yard located along the flight path traced by the bloodhounds discovered a semi-automatic Lorcin 380 pistol with an obliterated serial number and a partially loaded magazine. Id. at 25:24-26:8; Gov’t Opp’n at 13-14 n.12. An FBI forensic firearms expert examined the Lorcin 380 and determined that it was consistent with having fired the bullet identified as having killed Trooper Toatley. Id. at 14. A positive identification was not possible, however, because the weapon had been exposed to the elements for more than nine months. Id. at n. 13. The Lorcin 380 was also submitted for metallurgical examination, which resulted in the raising of the obliterated serial number on the gun. Id. at 14. The obliterated serial number was found to match that of a Lorcin 380 that Petitioner had obtained from a friend during the weeks leading up to Trooper Toatley’s shooting. Id.; Plea Tr. at 26:9-20. Finally, crime scene search officers recovered a cigarette butt from a tree box space located near the right front wheel of the undercover vehicle. Id. at 24:10-12; Gov’t Opp’n at 14 & n. 14. The location in which the cigarette butt was recovered is consistent with the location where Petitioner can be seen to throw a cigarette butt on the video recording, and the Government asserts that no other cigarette butts were found in the tree box. Id. at n. 14. The cigarette butt was submitted to the FBI laboratory for analysis and comparison with Petitioner’s DNA. Plea Tr. at 24:12-18. That analysis determined that Petitioner’s DNA matched the DNA found on the cigarette butt and that Petitioner’s DNA “profile is extremely unusual such that [ ] the odds of duplication of such a profile are one in 570 quadrillion; that is, 570 followed by 15 zeroes.” Id. at 24:12-22; see also Gov’t Opp’n, Attach. C at 4-7 (reports of FBI laboratory DNA analysis). The day after Trooper Toatley’s shooting, Petitioner fled to New York. Plea Tr. at 23:15-21. Shortly after the shooting, Petitioner was identified as the shooter and a warrant was issued for his arrest for First Degree Murder pursuant to a Complaint filed in the Superior Court of the District of Columbia. Gov’t Opp’n at 1. Defendant was arrested in the Eastern District of New York on November 13, 2000, and on November 14, 2000, the United States filed a Complaint against Petitioner charging him with Trooper Toatley’s murder. Id. at 1-2. On November 17, 2000, following a hearing in the Eastern District of New York, Petitioner was ordered to be removed to the District of Columbia. Id. at 2. Petitioner was received in this District on November 21, 2000 and made his initial appearance before Magistrate Judge Alan Kay, who ordered Petitioner held without bond pending a hearing under 18 U.S.C. § 3142. Id. That preliminary hearing and pretrial detention hearing was held on December 1, 2000 before Magistrate Judge John M. Facciola, who ordered Petitioner held without bond pending action of the grand jury. Id. On December 20, 2000, a grand jury of the Superior Court of the District of Columbia returned a one-count Indictment in this Court charging Petitioner with the First Degree Murder of Trooper Toatley, pursuant to 18 U.S.C. § 1121(a)(1)(A). Id. Petitioner was arraigned before this Court on January 3, 2001. Id. On July 18, 2001, a grand jury of this Court returned a superseding Indictment charging Petitioner in four counts. Id. at 3. Count One charged petitioner with the first degree murder of Trooper Toatley, a law enforcement officer during the performance of his duties, pursuant to 18 U.S.C. § 1121(a)(1)(A). Id. Count Two charged Petitioner with conspiracy to distribute, and possess with intent to distribute, cocaine and cocaine base in violation of 21 U.S.C. § 846. Id. Counts Three and Four charged Petitioner, pursuant to 18 U.S.C. § 924(j), with Trooper Toatley’s murder with a firearm during and in relation to a crime of violence, and during and in relation to a drug crime, respectively. Id. B. Events Leading to the Plea Hearing As Counts One, Three, and Four charged offenses for which the maximum punishment was death, the United States advised Petitioner and the Court that, pursuant to Department of Justice policy, the USAO would consider the facts and circumstances in Petitioner’s case and make a recommendation to the Attorney General concerning the filing of a notice of intention to seek the death penalty, pursuant to 18 U.S.C. § 3593(a). Id. The United States had previously made both the Magistrate Judges and this Court aware of the potential for capital punishment in Petitioner’s case. Id. at n.l. As part of the recommendation process, the USAO would offer Petitioner, by his counsel, the opportunity to address the issue of the death penalty in writing and in person with the United States Attorney and those persons designated to assist the USAO in its consideration of capital punishment, prior to the USAO’s recommendation to the Attorney General. Id. at 3-4. The Court and Petitioner were also advised that once the USAO’s recommendation was under consideration by the Attorney General, Petitioner would, by his counsel, have the opportunity to address the issue of the death penalty in writing and in person with the Attorney General and those designated to assist him, before he reached his decision. Id. at 4 n.4. Particular statutory requirements apply to counsel representing defendants charged with crimes that may be punishable by death. Specifically, 18 U.S.C. § 3005 provides: Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; • and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts.... Id. In addition, at the time of Petitioner’s criminal case, 21 U.S.C. § 848(q)(4)(A) provided: Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with a crime which may be punishable by death, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time ... before judgment ... shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with paragraphs (5).... Id. In turn, 21 U.S.C. § 848(q)(5) provided: If the appointment is made before judgment, at least one attorney so appointed must have been admitted to practice in the court in which the prosecution is to be tried for not less than five years, and must have had not less than three years experience in the actual trial of felony prosecutions in that court. Id. As discussed below, because of Petitioner’s guilty plea, the Government never formally noticed Petitioner that it intended to seek the death penalty in his case. Nevertheless, from the outset of Petitioner’s case, the Court was guided by the concerns addressed in 18 U.S.C. § 3005 and then-applicable 21 U.S.C. § 848(q) in considering the appointment of counsel to represent Petitioner. Gov’t Opp’n at 28. During the hearing in the Eastern District of New York and following Petitioner’s transfer to this District, he was represented by Billy L. Ponds, Esquire. Id. at Attach. A (6/16/05 Aff. of Jeffrey B. O’Toole) (hereinafter “O’Toole Affidavit”) ¶2. Mr. Ponds was not a death penalty qualified attorney, and therefore initially arranged for Steven E. Kiersh, Esquire, a death penalty qualified attorney, to serve as his co-counsel. Id. Mr. Kiersh, however, faced a potential scheduling conflict with another extended prosecution and therefore found it necessary to withdraw from Petitioner’s representation. Id. Upon learning that Mr. Kiersh would not be able to assist Mr. Ponds in representing Petitioner, the Court contacted the Federal Public Defender for the District of Columbia and secured the services of L. Barrett Boss, Esquire, a death penalty qualified lawyer, and Robert Tucker, an experienced Assistant Public Defender who had participated in capital litigation but was not death penalty qualified, to represent Petitioner and assist Mr. Ponds. Gov’t Opp’n at 28; O’Toole Aff. ¶ 3. The Court subsequently learned that Petitioner was not satisfied with Mr. Tucker’s and Mr. Boss’ representation. See O’Toole Aff. ¶ 3. Accordingly, on May 17, 2001, the Court relieved Messrs. Ponds, Boss, and Tucker from their representation of Petitioner, and appointed Jeffrey B. O’Toole, Esquire, and Anthony L. Ricco, Esquire, to represent Petitioner, Gov’t Opp’n at 3. Mr. O’Toole is a highly experienced death penalty qualified attorney who has held complete litigation responsibility for over 150 jury trials and numerous non-jury trials, has participated in both civil and criminal litigation before the federal courts, and has represented at least fifteen defendants charged with federal or state capital murder offenses. O’Toole Aff. ¶ 1. Mr. Ricco is likewise a death penalty qualified attorney. After appointing Messrs. O’Toole and Ricco as counsel for Petitioner, the Court became aware that Petitioner sought to continue Mr. Ponds’ representation. The Court therefore held an ex parte Status Conference under seal on June 20, 2001, at which it explained to Petitioner the Court’s obligation to select and appoint death penalty qualified attorneys to represent him, as well as the limitations inherent in that selection given the small pool of qualified attorneys. The Court also explained to Petitioner that Mr. Ponds was not death penalty qualified and that there was no reason for continuing his representation in light of the Court’s appointment of tioo death penalty qualified attorneys to represent Petitioner. While Petitioner had previously been represented by three attorneys — Messrs. Ponds, Boss, and Tucker-only Mr. Boss was death penalty qualified. Once Petitioner was represented by Messrs. O’Toole and Ric-co, both death penalty qualified attorneys, there was no need for his additional representation by a third, non-death penalty qualified attorney. Moreover, retaining a third, non-death penalty qualified attorney was not appropriate in light of the Judicial Conference of the United States’ recommendation that “Courts should not appoint more than two lawyers to provide representation to a defendant in a federal death penalty case unless exceptional circumstances and good cause are shown.” Report of the Proceedings of the Jud. Conf. of the United States, Sept. 15, 1998, available at http://www.uscourts.gov/judconf/ repjc998.html# 1. Upon being appointed to represent Petitioner, Messrs. O’Toole and Ricco assembled a defense team, which included their associates Edward Wilford, Esquire and Julie Sippel Dietrich, Esquire, both of whom had been involved in several capital cases. O’Toole Aff. ¶ 4. They also engaged the services of two investigators to review the Government’s evidence and assist in locating any potential witnesses. Id. In addition, Messrs. O’Toole and Ricco engaged the services of Petitioner’s family minister, Rev. Albert Appiah, and a Licensed Certified Social Worker-Clinical, Ms. Lori James-Monroe, specifically for the purpose of investigating and developing evidence to be used in the mitigation during the penalty phase of the trial. Id. The details of the plea negotiations in Petitioner’s criminal case are supplied in Mr. O’Toole’s Affidavit. In particular, Mr. O’Toole explains that he and Mr. Ricco were aware that Petitioner had been resistant to Messrs. Tucker’s and Boss’ suggestion that Petitioner consider a guilty plea in light of the evidence arrayed against him. Id. ¶ 5. As a result, they determined that Petitioner’s defense team would not raise the possibility of a plea with him until they had explored all of the evidence and any defenses that might be available to him. Id. Mr. O’Toole also explains that, based on their prior experience in capital litigation, Petitioner’s defense team knew that once the Attorney General had issued a formal notice of intention to seek the death penalty, any disposition short of trial would have to be approved by the Attorney General. Id. ¶ 6. Further, Petitioner’s defense team was aware that then-Attorney General Ashcroft would not permit a disposition short of trial once a formal notice had been issued under 18 U.S.C. § 3593(a) unless there was a change in the facts or circumstances that would justify reconsideration. Id. As such, Mr. O’Toole avers that Petitioner’s defense team was aware “that as a practical matter any [plea] agreement [had to be] forged before the United States Attorney forwarded his recommendation to the Attorney General.” Id. ¶ 7; see also Gov’t Opp’n at 5 (“just as the USAO was required to obtain the [Attorney General’s] authority to seek the death penalty, [Department of Justice] policy required that in any prosecution in which capital punishment was implicated, the USAO was required to seek authority for a disposition which permitted the charged defendant to avoid the death penalty.”) (citing United States Attorney’s Manual, § 9-10.100). During the summer of 2001, Petitioner’s defense team became aware that the United States Attorney for the District of Columbia had formed a standing committee to advise him in making his recommendation to Attorney General Ashcroft, and was commencing his consideration of his recommendation in this case. Id. Indeed, Petitioner’s defense team was asked, and agreed, to meet with the United States Attorney and his committee in September 2001 to orally address the issue of the death penalty. Id. According to Mr. O’Toole, at the end of that meeting, the United States Attorney “made a comment concerning his willingness to consider any counter-offer we might wish to make on behalf of our client.” Id. Mr. O’Toole explains that he has since learned that the United States Attorney was referring to a counter-offer to the death penalty, but that, at the time, Petitioner’s defense counsel misunderstood the United States Attorney’s comment as indicating a willingness to consider a more lenient plea than life without parole. Id. Petitioner’s defense team therefore determined that they had to immediately broach the subject of a possible guilty plea with Petitioner. Id. Mr. O’Toole avers that by the point they decided to approach Petitioner about a possible guilty plea, Petitioner’s defense team “had carefully reviewed and examined the government’s case and conducted an investigation of [its] own,” including interviewing Petitioner “on numerous occasions and investigat[ing] all leads and information provided by him or suggested by [its] investigation.” Id. ¶ 9. Petitioner’s defense team had also “conducted an extensive and expansive investigation of all facts and circumstances which might be presented in mitigation in the penalty phase should [Petitioner] be convicted of a capital offense.” Id. According to Mr. O’Toole, Petitioner’s defense team “collectively agreed that the United States’ case in this matter was extremely strong,” given the quality and persuasive nature of the physical evidence, the existence of Government witnesses, and in particular, the video tapes of Trooper Toatley’s shooting. Id. Mr. O’Toole explains that, prior to July 15, 2001, Petitioner’s “confidence in his prospects in this case seemed to center around his believe [sic] that because the government had never recovered the murder weapon the government’s case was seriously, if not fatally deficient.” Id. ¶ 8. The recovery of the Lorcin 380 on July 15, 2001, thus “was a grave concern for [Petitioner] and had a serious effect on his outlook regarding his prospects in the case.” Id. ¶ 10. Believing that “this made him more amenable to the discussion of a plea,” Petitioner’s defense team broached the topic of a plea with him, which led to several long discussions of a possible plea. Id. Mr. O’Toole avers that, during the course of those discussions, Petitioner “for the first time admitted that he was in fact the person seen in the video tape shooting Trooper Toatley.” Id. According to Mr. O’Toole, the discussions between Petitioner and his defense team resulted in Petitioner authorizing his counsel to offer a plea of guilty to a lesser offense of first degree murder, charged under the District of Columbia code, with an agreed sentence of thirty years. Id. ¶ 10. Mr. O’Toole advised the Government of this counteroffer, but it was soon rejected, and Mr. O’Toole was advised that any acceptable plea offer would have to include an agreed sentence of life without the possibility of parole. Id. The Government, however, agreed to delay transmitting the United States Attorney’s request for death penalty authorization to the Attorney General, in order to allow Petitioner’s defense counsel to continue to discuss the possibility of a plea with Petitioner. Id. According to Mr. O’Toole, “[d]uring the next several weeks, separately and in groups, [Petitioner’s defense team] had many extended sessions with [Petitioner] during which we reviewed the evidence and the law.” Id. ¶ 12. Mr. O’Toole avers that these discussions “focused on whether [Petitioner] could legally and factually enter a plea of guilty, [i.e.,] whether there was sufficient evidence as to each element of the [first degree murder] offense to support a plea of guilty and was [Petitioner] able to admit to each of those elements.” Id. ¶ 14. Mr. O’Toole states that, after considering the facts of Petitioner’s case, he and Mr. Ricco “advised [Petitioner] with respect to the government’s offer which he ultimately elected to accept.” Id. ¶ 18. C. The Plea Hearing Petitioner’s guilty plea was entered pursuant to several documents negotiated over the course of two months, including: (1) the December 14, 2001 Plea Agreement setting forth the terms of Petitioner’s guilty plea; (2) the Government’s Proffer of Proof in Support of Defendant’s Plea of Guilty, which set forth a 21-page summary of the evidence against Petitioner and advised Petitioner of the elements of the offense as to which he was to plead guilty and the maximum sentence for the offense; (3) the Government’s Submission in Support of Defendant’s Proffered Plea of Guilty, which provided the Court and Petitioner with jury instructions on premeditation, deliberation, and malice aforethought; and (4) Petitioner’s Admissions. The plea proceedings in Petitioner’s criminal case were held on December 14, 2001. At the outset of the plea hearing, Petitioner was sworn in and reminded that all testimony he would give during the plea hearing would be under oath. Plea Tr. at 4:23-25. As initial matters, the Court explained the plea process to Petitioner, advising him that he could ask the Court to stop and explain anything and could consult with his attorney at any time. Plea Tr. at 4:1-6. The Court also explained to Petitioner that in order to accept Petitioner’s plea, the Court would need to find that Petitioner was entering the plea knowingly and voluntarily, and that it was what Petitioner wanted to do, because he would not be able to change his mind once the plea was entered. Id. at 4:7-15. The Court then proceeded to discuss the nature of a plea entered pursuant to Federal Rule of Criminal Procedure 11(e)(1)(C) (now Rule 11(c)(1)(C)) and Petitioner confirmed that he wanted to enter such a plea. Id. at 5:1-8:21. Also at the outset, the Court discussed Petitioner’s decision to waive the preparation of a presentence report, explaining to Petitioner that preparing such a report would include a discussion of Petitioner’s criminal record, education, employment history, health and mental health, substance abuse, financial ability to pay, and other matters. Id. at 8:22-10:15. Petitioner confirmed that he had discussed the nature of and need for a presentence report with his counsel, that he had no questions on the issue, and that he wanted to proceed with his plea without a presen-tence report. Id. at 10:16-11:8. The Court then made preliminary inquiries of Petitioner, including whether he had ever received treatment for any type of mental illness or emotional disturbance, which Petitioner denied. Id. at 11:9-12:22. In addition, the Court asked Petitioner whether he was “completely satisfied with the services of [his] counsel: Mr. O’Toole, Mr. Ricco, Ms. Dietrich, and Mr. Wilford,” to which Petitioner responded, “Yes,” and whether he “at this time agree[d] with the Court’s decision some time ago to change counsel and appoint Mr. O’Toole, Mr. Ric-co and their associates,” to which he replied, ‘Tes.” Id. at 13:6-12. The Judge recalls that Petitioner smiled when he answered this question, thus acknowledging that he was satisfied with his counsel and the Court’s decision to appoint Plea Counsel. The Court also reviewed each of the constitutional rights that Petitioner would give up by pleading guilty, confirming that Petitioner understood each and every right and wished to give them up by pleading guilty. Id. at 13:13-17:1. The Government then proceeded with its factual proffer, which consisted primarily of a reading of an abbreviated version of the Government’s written Proffer of Proof filed on the criminal docket. Id. at 18:2-10. The Government’s factual proffer during the plea hearing was largely identical to the factual background of Trooper Toat-ley’s shooting provided above, much of which was taken directly from the factual proffer. Id. at 18-27. After the Government completed its factual proffer, the Court addressed Petitioner and stated: Q. All right. You’ve heard the evidence that’s been stated by the government. Do you dispute what the government has stated? Now some things you will know personally ... But, in general, do you dispute anything that the government has stated. A. In general, no. Q. Do you contest in any way the findings of the physical evidence that the government has stated? A. No. Id. at 27:25-28:11. The Court also confirmed with Petitioner’s counsel that there were no issues regarding the Government’s physical evidence, id. at 28:12-15. The Court then focused on Petitioner’s Admissions, which were signed by both Petitioner and his counsel, Messrs. O’Toole and Ricco. See Gov’t Opp’n, Attach. C. In relevant part, Petitioner’s Admissions “admitted] the following and admit[ted] that the Government would have proven the following elements beyond a reasonable doubt: 1. On or about October 30, 2000, within the District of Columbia, I, Kofi Apea Orleans-Lindsay, killed Trooper First Class Edward M. Toatley of the Maryland State Police, a human being; 2. I, Kofi Apea Orleans-Lindsay, killed Trooper First Class Edward M. Toatley knowingly, intentionally and with malice aforethought; 3. That after premeditation and deliberation I, Kofi Apea Orleans-Lindsay, killed Trooper First Class Edward M. Toatley, and; 4. I, Kofi Apea Orleans-Lindsay, killed Trooper First Class Edward M. Toatley of the Maryland State Police, while Trooper First Class Edward M. Toatley was working with the Federal Bureau of Investigation in the furtherance of an investigation of violations of federal narcotics laws.” Id. at 2. During the plea hearing, the Court confirmed that Petitioner had read his Admissions carefully, discussed the document with his counsel, and had no questions about it. Plea Tr. at 28:17-29:1. The Court then proceeded to ask Petitioner a series of other detailed questions “in order to make sure that [it had] all of the information in order to be able to accept this plea.” Id. at 29:1-44:19. Some of the Court’s questions required only a “yes” or “no” answer, while others required more detailed or narrative responses. In some instances, the Court pursued an additional narrative response after receiving a simple “yes” or “no” answer from Petitioner. In addition, with respect to certain key issues (for instance, premeditation), the Court asked Petitioner questions in a variety of different ways, in order to ensure the Court’s understanding of the relevant facts, as well as to ensure that Petitioner understood the question on key facts. See generally id. At the outset of the Rule 11 colloquy, Petitioner admitted that he met Trooper Toatley on the night of October 30, 2000 and instructed him to drive to an area of Petitioner’s choosing, which was fairly secluded and dark. Id. at 29:19-30:23. Petitioner admitted that Trooper Toatley provided him with $3,500 in cash with the expectation that Petitioner would provide crack cocaine in return, id. at 30:24-31:2, and that after leaving the undercover vehicle, Petitioner returned to the car and shot and killed Trooper Toatley, id. at 31:3-10. Petitioner also admitted to throwing away the Lorcin 380 he used along his escape route and fleeing to New York the next day. Id. at 31:11-25. The Court then focused upon the specific chronology of events surrounding Trooper Toatley’s shooting. Petitioner admitted to receiving a cigarette from Trooper Toat-ley before exiting the vehicle, walking around the corner, returning to finish the cigarette and crush it out while standing by the window, opening the passenger door, pointing the gun at Trooper Toatley, aiming the gun at Trooper Toatley again after he succeeded slightly in pushing it away, and then firing one shot into the right side of Trooper Toatley’s head. Id. at 32:1-34:13. The Court then continued: Q. At what point had you decided to kill Trooper Toatley? We’ve gone over these events. At what point had you made this decision? Before you met him? At some point you came armed with the gun. A. After I got out of the car. Q. I take it, though, that you did come with the gun? A. Yes. Id. at 34:16-24. The Court then asked Petitioner “had you any intention at the point that you got out of the car to actually give him any crack cocaine?” to which Petitioner responded “No.” Id. at 35:2-4. The Court continued: Q. Now, you indicated, then, after you got out, as you were walking around the corner or as you were waiting at the corner, at what point did you decide you were going to kill Trooper Toatley? A. On the way back. Q. So on the way back you decided that you were going to kill Trooper Toatley? A. Yes. Q. And you obviously took a moment when you arrived at the car to smoke the cigarette, crush it out, before you actually pointed — pulled the gun and pointed it at him; is that correct? A. Yes. Q. Now, during that period of time were you thinking about or making up your mind finally that you would actually go forward and kill him? A. Yes. Id. at 35:20-36:11. Next, the Court confirmed with Petitioner that there was no “provocation,” nor “anything that Trooper Toatley did, that required you to shoot him at that point.” Id. at 36:20-22. Instead, when the Court asked whether Petitioner was “simply carrying out what [he] had decided to do?” Petitioner responded, “Simply carrying out what I decided to do.” Id. at 36:23-24. The Court explained to Petitioner that it was making its inquiries “because this is a first degree murder and your state of mind is at issue, and so the only way we’re able to tell about your state of mind is through actions you took or actions you didn’t take.” Id. at 36:25-27:5. The Court then told Petitioner that it was going to explain the legal definitions of premeditation, deliberation, and malice aforethought to him “so when you respond to my question as to whether you knowingly and intentionally and with malice aforethought killed Trooper Toatley ... you understand what it is that you’re actually agreeing to and not just the summary term.” Id. at 37:6-17. Before providing Petitioner with the legal definitions, the Court confirmed that Petitioner had discussed premeditation and deliberation with his counsel. Id. at 37:18-20. The Court explained to Petitioner that “premeditation means forming an intent or design to kill, and to premeditate is to give thought before acting to taking a human life and then to reach a definite decision to kill.” Id. at 37:21-38:3. The Court then asked: So in this particular instance you indicated that you gave thought as you were walking back before you pulled the gun that you were going to kill Trooper Toatley. Is that accurate? A. Yes. Q. And then at the point that you got to the car, did you make a definite decision that you were going to kill him? A. Yes. Id. at 38:4-10. Next, the Court explained that “deliberation means considering and reflecting on the preconceived design to kill, turning it over in the mind, giving it a second thought,” and that “although premeditation ... may be as instantaneous as the thought itself, its necessary that there be an appreciable time elapse between formation of the design, the decision, and the fatal act within which there is deliberation.” Id. at 38:11-20. The Court explained that the “law requires no particular period of time ... it can be hours, days or longer, or it can be a span of minutes, which would appear to be this case.” Id. at 38:21-25. After confirming that Petitioner had discussed deliberation with his counsel and had no questions about the concept, the Court asked: Q. Now, in terms of — you indicated that you had made a decision to kill him as you were walking back to the car. Did you give it a second thought once you arrived at the car in terms of taking — making sure that this was not something that you were doing on the spur of the moment, but it was a deliberate act on your part? A. I didn’t give it a second thought. Q. Okay. Did you just come up — I mean, it sounds as if you didn’t come up and just simply pull out the gun and shoot him. There seems to have been: You came up, smoked your cigarette, dropped it down. So, presumably, were you thinking about what you were going to be doing at that point? A. That’s when I made the decision. Q. Okay. So you were thinking about it as you were walking up to the car, but made the final decision once you arrived there; is that correct? A. Yes. Id. at 39:13-40:4. The Court then specifically inquired as to Petitioner’s plea as to the elements of the charge. In turn, Petitioner indicated that he pled guilty to each of the four elements set out in his Admissions, including agreeing that he killed Trooper Toat-ley “after premeditation and deliberation as [the Court had] set it out.” Id. at 40:5-42:5. Nevertheless, in light of Petitioner’s previous comment that he did not give a second thought to killing Trooper Toatley, see id. at 39:13-19, the Court then returned to the issue of Petitioner’s state of mind. The Court explained: Q. So if I can — and I realize that I’m spending some time on this ... but it is a very important feature. You’re not contesting that you were the one that shot Trooper Toatley, but the key part to this charge that you’re pleading guilty to and the difference between this and other kinds of killings that would be viewed less seriously and would have a different kind of sanction, as I said, is the state of mind, and we need to look at the circumstances surrounding the killing in order for the court to come to this conclusion. One of the things obviously, you came I take it, prepared with a weapon; is that correct? A. Yes. Q. And you were the one who directed Trooper Toatley where to go and where to park in order to engage in this transaction; is that correct? A. Yes. Q. And you did receive the $3,500 in cash before you exited from the vehicle; is that correct? A. Yes. Q. And is it correct that as you were leaving and went around the corner, that at that point you decided you were not going to be giving him any of the crack cocaine that this $3,500 was supposed to be purchasing? A. On the way back, yes. Q. Well, at that point you were coming back without any of the crack cocaine; is that correct? A. Yes. Q. So I take it that the crack cocaine was not around the corner. If you were going to get it, it would have been from some other place; is that correct? A. Yes. Q. Now when you returned to the undercover vehicle, or to the vehicle where Trooper Toatley was seated, you did not have the crack cocaine with you; is that correct? A. Yes. Q. And so you were returning at that point in order to murder Trooper Toat-ley? A. Yes. Q. Once you arrived back at the vehicle in which Trooper Toatley was seated, you were standing outside of the vehicle and this is when you had your last puff of a cigarette and gave your last additional thought about what you were going to do and that you were going to kill him; is that correct? A. Yes. Q. And you opened the door to the car, and in response to the inquiry of Trooper Toatley about whether everything was okay, you, without saying anything to him and without any provocation on his part, pointed the weapon directly at Trooper Toatley intending to kill him; is that correct? A. Yes. Q. And although Trooper Toatley struck — pushed the pistol away and you could have at that point not shot him, you then brought the pistol back, aimed it at his head and deliberately shot him; is that correct? A. Yes. Q. And after shooting him, did you stand back before you started to run away? A. I don’t know. I just walked off. Id. at 42:12-44:19. After asking whether any party had anything to add, the Court made the following findings of fact on the record: The court has listened to the factual proffer that the government has stated ... [a]nd the court finds that the elements of the offense have been — would have been proven based on the proffer beyond a reasonable doubt from the government. The court has also made an inquiry of the defendant ... and I will find that elements have been proven and that [Petitioner] has admitted to those key elements .... In terms of the key elements, which I’ve indicated, which go to the state of mind of the defendant, which one needs to look at in the context of the actions and which he has admitted to which go to premeditation, deliberation, that it’s done knowingly and intentionally and with malice aforethought, the court would point to the following evidence which [Petitioner] has agreed and occurred and that these were his actions. That he brought a weapon with him. That he chose the place where they were to park; that he left the decedent, having obtained more than $3,500 in cash, went around the corner where he has admitted the crack cocaine was not located. That he returned to the undercover vehicle. That at that point he had decided not to sell him the crack cocaine and decided to kill him. That once [Petitioner] arrived back at the vehicle in which Trooper Toatley was seated, that he took a moment to take a puff on his cigarette as he thought about whether he was going to go forward and kill Trooper Toatley. That he opened the door to the vehicle. That he responded to — there was an inquiry from Trooper Toatley about whether everything was all right. He did not respond to him. There was no provocation. [Petitioner] went ahead and pointed the weapon directly at Trooper Toatley. Trooper Toatley tried to push it away and was successful to some degree in pushing it away. At that point [Petitioner] could have pulled the gun back, not shot him. Instead, he brought the pistol back aimed it at Trooper Toatley’s head and deliberately fired one shot into his head. Trooper Toatley’s head. After firing the shot, [Petitioner] walked away and then fled up the alley. So I will find that all of the elements, including the most important, which are obviously [Petitioner’s] intentions, have been met both by the government and [Petitioner]. Id. at 45:9-48:5. The Court then carefully reviewed with Petitioner the significant terms of the written Plea Agreement, confirming that Petitioner had read the Plea Agreement carefully, understood it, and did not have any questions or confusion about it. Id. at 48:9-25. As the Government notes, the Plea Agreement included a “Defendant’s Acceptance” portion, which read: I have read all six (6) pages of the government’s plea agreement and have discussed it with my attorneys, Jeffrey O’Toole, Esquire, and Anthony Ricco, Esquire. I fully understand this document and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made to me nor am I under the influence of anything that could impede my ability to understand this agreement fully. I am pleading guilty because I am in fact guilty of the offenses charged. I reaffirm that absolutely no promises, agreements, understandings, or conditions have been made or entered into in connection with my decision to plead guilty except those set forth in the plea agreement. I am satisfied with the legal services provided by my attorney in connection with my plea agreement and matters related to it. Gov’t Opp’n, Attach. B (Plea Letter) at 6. Petitioner signed this acceptance on December 14, 2001. In relevant part, the Plea/Agreement informed Petitioner of the charge to which he was required to enter a plea of guilty, that the parties had agreed that the appropriate sentence for the charge would be life imprisonment without the possibility of parole, and that it was within the Court’s discretion to order Petitioner to pay a fine. See generally id. The Plea Agreement also advised Petitioner that if the Court did not accept the plea agreement, the parties would “return to the status quo ante, that is, all counts of the superseding Indictment in this matter shall remain in force and this agreement and all of its provisions will be null and void.” Id. at 2-3. Finally, the Plea Agreement advised Petitioner that by pleading guilty, he would be giving up the protections of “Federal Rule of Criminal Procedure 11(e)(6) and Federal Rule of Evidence 410, which ordinarily limit the admissibility of statements made by a defendant in the course of plea discussions or plea proceedings if a guilty plea is later withdrawn.” Id. at 3. The Plea Agreement further stated: Your client knowingly and voluntarily waives the rights which arise under these rules. As a result of this waiver, your client understands and agrees that any statements which are made in the course of your client’s guilty plea pursuant to this plea agreement will be admissible against your client for any purpose in any criminal or civil proceedings including if your client’s guilty plea is subsequently withdrawn. Moreover, in the event your client’s guilty plea is withdrawn, your client agrees that the government will be free to use against your client in any criminal or civil proceeding any statement made during the course of his guilty plea pursuant to this agreement. Id. During the plea hearing, the Court specifically discussed each of these aspects of the Plea Agreement with Petitioner and confirmed that he understood and agreed to each section. See Plea Tr. at 49:1-65:6. In particular, the Court focused on Petitioner’s waiver of his rights under Federal Rule of Criminal Procedure 11(e)(6) and Federal Rule of Evidence 410, confirmed that Petitioner had discussed that aspect of the Plea Agreement with counsel, and that Petitioner was voluntarily waiving his rights under those Rules. Id. at 58:22-60:21. At the end of the discussion, the Court asked Petitioner whether “as I’ve gone over it, that this is the entire plea agreement as you understand it and that there’s no other promises that have been made to you or any other aspects of it; is that correct?” Id. at 64:17-20. Before responding, Petitioner conferred with his counsel — thus confirming that he understood the Court’s previous instruction that he was free to do so at any time — before responding “Yes.” Id. at 21-22. The Court then reminded Petitioner that “it’s very important for you to bring up — if you think that [something’s] not in writing or we haven’t talked about it, that there’s something else that you understand, because you can’t come back in a week or a year or whatever and say, ‘You know, Judge Kotelly, I thought this or that was part of the agreement.’ This is the time to bring it up. Is there anything else?” Petitioner responded “No.” Id. at 64:17-65:6. Finally, the Court addressed the volun-tariness of Petitioner’s plea, explaining: I want to make sure that you’re doing this voluntarily of your own free will; that you’re not being forced in any way to do this ... Has anyone forced, threatened or coerced you in any way into entering this plea of guilty. A. No. Q. Now are you entering this plea of guilty voluntarily of your own free will and for no other reason? A. Yes. Q. Are you entering this plea of guilty because you are guilty and for no other reason? A. Yes. Q. Is there anything you don’t understand about this proceeding or your plea in this case? A. No. Q. Is there anything you want to ask me or your lawyer before you make a decision? A. No. Q. On the charge of killing a person aiding a federal investigation, which is murder in the first degree, premeditated, how do you plead? A. Guilty. Id. at 67:24-69:10. The Court then made findings that Petitioner was competent to enter a guilty plea and that his plea was knowing, intelligent, and voluntary, announced that it would accept the parties’ recommendation that Petitioner be sentenced to life imprisonment without parole, and found Petitioner guilty of killing a person aiding a federal investigation. Id. at 69:11-70:22. In addition, the Court made findings and concluded that it could proceed to sentence Petitioner without the preparation of a presentence report. Id. at 70:23-72:12. As agreed by the parties in advance, the matter then proceeded to sentencing. After statements by Trooper Toatley’s family members and the Superintendent of the Maryland State Police, as well as allocution by the Government and defense counsel, see id. at 72:13-106:21, the Court sentenced Petitioner to life imprisonment without the possibility of parole, id. at 106:22-108:23. Significantly, the plea and sentencing hearings, combined, lasted for over two and a half hours. D. Procedural History In December 2002, the Clerk’s Office received an undated letter from Petitioner requesting that his plea of guilty be withdrawn. That letter was forwarded to the Court by the Clerk’s Office and the Court instructed that it be filed as a pro se motion pursuant to 28 U.S.C. § 2255. The Court then ordered that the Government respond to Petitioner’s pro se Motion and appointed counsel to represent Petitioner in connection with his Motion (hereinafter “Post-Plea Counsel”). See United States v. Orleans-Lindsay, Criminal Action No. 04-440, Docket Nos. [82, 83, 84]. The Court then afforded Petitioner’s Post-Plea Counsel the opportunity to fully investigate the claims raised by Petitioner in his pro se Motion, any additional claims Petitioner suggested, and any claims Post-Plea Counsel himself deemed worthy of pursuing. To the Court’s understanding, this investigation included reviewing and examining the Government’s evidence, meeting with Petitioner in person, and following up on all issues Petitioner raised by meeting with individuals that Petitioner indicated might have relevant information. After this lengthy investigation, Posb-Petition Counsel filed a Supplement to Petitioner’s pro se Motion, which added claims beyond those raised in Petitioner’s original Motion. The Court then afforded the United States ample time to file its Opposition to Petitioner’s Motion, and afforded Posb-Plea Counsel further time to conduct a thorough investigation of the issues raised in the United States’ response and to file a Reply in support of Petitioner’s Motion. Posb-Plea Counsel’s filings in this matter appear to exhaustively raise all issues and claims suggested by Petitioner. The Court notes that each such filing appears to contain a thorough discussion of those arguments and claims that Post-Petition Counsel deemed most meritorious. In addition, Post-Plea Counsel appears to have advanced other arguments at Petitioner’s request. For those arguments and claims, Posb-Plea Counsel indicates Petitioner’s position and provides the Court with any relevant information gleaned from his own investigation. The Court also notes that, while Petitioner’s pro se Motion was signed in the presence of a Case Manager authorized to administer oaths under 18 U.S.C. § 4004, see Pet’s Mot. at 10, Petitioner’s counseled filings are not supported by any additional affidavits or declarations. As such, the only sworn testimony offered by Petitioner is his original Motion. On May 1, 2008, having thoroughly reviewed all of the parties’ filings, the Court issued an Order noting the claim in Petitioner’s filings that, prior to his guilty plea, Petitioner’s Plea Counsel was aware of his alleged depression and/or suicidal ideation by virtue of references in personal letters that Petitioner claimed were seized by the Government and provided to Plea defense counsel in discovery. See 5/1/08 Order, Docket No. [130]. The Court’s Order noted that the Government had not responded to Petitioner’s assertion in its Opposition, and requested that the Government answer questions regarding the existence of such letters as well as provide the Court with copies of any such letters in its custody or control. On June 27, 2008, the Government filed with the Court copies of nineteen (19) letters written by Petitioner to his then-girlfriend during the period between December 10, 2000 and March 3, 2001. See Docket No. [134]. The Court ha