Layton

FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING MOTION UNDER 28 U.S.C. § 2255

INTRODUCTION

The defendant in this case has filed a motion under 28 U.S.C. § 2255 to vacate and set aside his conviction on the ground that he was denied the effective assistance of counsel during his second trial. The court denies the motion.

PROCEDURAL BACKGROUND

On October 9, 1980, the defendant Laurence John Layton was indicted on the following four counts: (1) conspiracy to murder Congressman Leo Ryan in violation of 18 U.S.C. § 351 (d); (2) aiding and abetting the murder of Congressman Leo Ryan in violation of 18 U.S.C. §§ 2 , 351(a); (3) conspiracy to murder an internationally protected person, Richard Dwyer, Deputy Chief of Mission for the United States in the Republic of Guyana, in violation of 18 U.S.C. § 1117 ; and (4) aiding and abetting the attempted murder of an internationally protected person (Dwyer) in violation of 18 U.S.C. §§ 2 , 1116(a). In 1981, the defendant was tried before a jury on all the charges. The defense rested without calling any witnesses or putting the defendant on the stand, arguing to the jury that the government had simply failed to prove its case. On September…