USA v. Custis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
v.
JADEN C. CHANEY (03),
TAYVION D. HOWARD (04),
Defendants.
Case No. 22-20057-DDC
MEMORANDUM AND ORDER
The court recently granted a 28 U.S.C. § 2255 motion for Deldrick L. Bryant,
codefendant to defendants Jaden C. Chaney and Tayvion D. Howard. Doc. 178. Based on Mr.
Bryant’s case, the court believes Mr. Chaney and Mr. Howard may occupy a similar position.
Specifically, like Mr. Bryant, both Mr. Chaney and Mr. Howard received a two-level
enhancement for possession of stolen firearms under U.S.S.G. § 2K2.1(b)(4)(A). Doc. 112 at 15
(Chaney PSR ¶ 53); Doc. 133 at 14 (Howard PSR ¶ 54). But the governing application note
indicates that the enhancement shouldn’t apply to Mr. Chaney or Mr. Howard’s case. U.S.S.G.
§ 2K2.1 cmt. n.8. That is why the court suspects that a Guidelines error might have infected Mr.
Chaney and Mr. Howard’s sentences, too.
To fix a Guidelines error, the government previously has suggested that defendants only
may use an ineffective-assistance-of-counsel motion under 28 U.S.C. § 2255. Doc. 172 at 4. No
defense counsel has offered an alternative mechanism thus far. The court thus recognizes that an
inherent conflict of interest may exist where trial counsel might need to establish its own
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ineffectiveness. United States v. Del Muro, 87 F.3d 1078, 1080 (9th Cir. 1996) (concluding that
“forcing trial counsel to prove his own ineffectiveness” “created an inherent conflict of
interest”).
The court thus concludes on its own motion that it should appoint counsel other than trial
counsel to represent Mr. Chaney and Mr. Howard in their post-conviction proceedings. The
court directs the Federal Public Defender for the District of Kansas to identify suitable attorneys
to represent Mr. Chaney and Mr. Howard.
IT IS THEREFORE ORDERED BY THE COURT THAT the Federal Public
Defender must identify lawyers to represent Mr. Chaney and Mr. Howard in their potential post-
conviction proceedings.
IT IS SO ORDERED.
Dated this 20th day of November, 2025, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
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