MARCUS, Circuit Judge:
For his role as a boat crew member in an international drug-smuggling operation, Wilson Daniel Winthrop-Redin pled guilty to a federal charge of conspiracy to possess five kilograms or more of cocaine with the intent to distribute and was sentenced to 168 months in prison. Two years after entering his plea, Winthrop-Redin sought postconviction relief under 28 U.S.C. § 2255, claiming that his plea was coerced by death threats from the boat's captain and that his counsel provided ineffective assistance by instructing him not to report the threats to the district court. We affirm the district court's rejection of the claims without an evidentiary hearing. Because Winthrop-Redin put forward only implausible and conclusory allegations, "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief" without a hearing. 28 U.S.C. § 2255(b); see Aron v. United States, 291 F.3d 708, 715 n. 6 (11th Cir.2002).
A plea agreement signed by Winthrop-Redin contained the following essential facts. Winthrop-Redin, a Panamanian national, and other codefendants agreed to participate in a maritime drug-smuggling scheme and received advance payment of several thousand dollars. In November
Each of the codefendants pled guilty. Winthrop-Redin entered into a written plea agreement that provided he would plead guilty to conspiracy, the first count of the indictment, in exchange for the dismissal of the second count, possession. Winthrop-Redin initialed each page of the agreement and signed its last page. In the plea agreement, Winthrop-Redin expressly waived his right to appeal his sentence, except on the grounds that the sentence violated the Eighth Amendment or exceeded the statutory maximum penalty or the applicable Guidelines range determined by the district court. Section B.8 of the agreement, "Voluntariness," provided that Winthrop-Redin "acknowledges that [he] is entering into this agreement and is pleading guilty freely and voluntarily ... without threats, force, intimidation, or coercion of any kind." Petitioner also voluntarily agreed to cooperate fully with the United States in all relevant matters.
Before the plea was accepted, a magistrate judge questioned Winthrop-Redin under oath and at length at a hearing to ensure he pled knowingly and voluntarily. Among other things, the plea colloquy included the following exchange:
The magistrate judge concluded that Winthrop-Redin and his codefendants were coherent and understood the allegations and potential punishment, and that a factual basis existed to support the allegations. The court specifically found that none of defendants had been threatened, forced, or coerced into pleading guilty: "From everything that appears to me today, gentlemen, your pleas are being entered freely and voluntarily with an understanding of the consequences and I will so find and recommend the matter proceed to sentencing." Thereafter, the district court accepted the plea and sentenced Winthrop-Redin to 168 months imprisonment to be followed by 60 months of supervised release. That sentence reflected a two-level firearms enhancement related to the possession of firearms by co-conspirators, but Winthrop-Redin received a two-level "safety valve" reduction pursuant to Sentencing Guidelines § 5C1.2 as a less-culpable defendant who agreed to provide information about the offense to law enforcement. See United States v. Brownlee, 204 F.3d 1302, 1304 (11th Cir. 2000).
Winthrop-Redin filed a direct appeal from the final judgment, arguing that the district court erred by denying him a minor role reduction and by imposing the firearms possession enhancement. This Court, however, dismissed the appeal due to the appeal waiver.
In March 2012, more than two years after signing the plea agreement and entering his guilty plea, Winthrop-Redin filed a pro se motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Inter alia, he argued that his plea was involuntarily entered because he and his family received death threats, and that he received ineffective assistance of counsel when deciding to plead guilty.
Winthrop-Redin further claimed that he received ineffective assistance of counsel. He alleged that his attorney advised him not to say anything to the district court or anyone else about Hernandez-Soto having killed the Colombian crew member because doing so would complicate the case. Winthrop-Redin also claimed that, despite his request, his attorney did not contact the Panamanian Consulate to get legal help and did not contact the Colombian Consulate to notify them of the crew member's killing.
In response, the United States told the district court that the alleged threats concerning the murder happened on the vessel before Winthrop-Redin was arrested (and before he was charged with anything), and that Winthrop-Redin had not alleged any threats regarding his decision to enter a guilty plea or proceed to trial. Winthrop-Redin replied that "Hernandez-Soto made direct threats to his family and movant while movant was detained ready to proceed to trial." Again notably, Winthrop-Redin did not offer when the threats had been made and did not explain where, how, or why. Winthrop-Redin claimed only that his family told him "that Hernandez-Soto and other cohorts of him were calling them with death threats if movant proceeded to trial or testified in court about the assassination of the crew member."
The district court refused relief because it found that the record showed Winthrop-Redin knowingly and voluntarily entered his guilty plea. The district court noted that Winthrop-Redin's claim that he was directly threatened while he "was detained ready to proceed to trial" was factually impossible: Hernandez-Soto was never charged in the case and thus never detained, and therefore could not have directly threatened Winthrop-Redin to force him to plead guilty. The court also found claims about threats to Winthrop-Redin's family members to be without merit because Hernandez-Soto told the United States about the death on the vessel and had no reason to silence Winthrop-Redin. The district court did not conduct an evidentiary hearing on this or any of Winthrop-Redin's other § 2255 claims, which it also rejected. The court declined to issue a certificate of appealability.
Winthrop-Redin filed a timely notice of appeal, and we granted a certificate of appealability on one issue: "Whether Winthrop-Redin is entitled to an evidentiary hearing on his claim that his guilty plea was not knowing or voluntary due to threats that he received and ineffective assistance of plea counsel."
We review the district court's denial of an evidentiary hearing in a § 2255 proceeding for abuse of discretion. Aron, 291 F.3d at 714 n. 5. "A district court abuses its discretion if it applies an incorrect legal standard, applies the law in an unreasonable or incorrect manner, follows improper procedures in making a determination, or makes findings of fact that are clearly erroneous." Citizens for Police Accountability Political Comm. v. Browning, 572 F.3d 1213, 1216-17 (11th Cir.2009) (per curiam). We liberally construe pro se filings, including pro se applications for relief pursuant to § 2255. Aron, 291 F.3d at 715; Mederos v. United States, 218 F.3d 1252, 1254 (11th Cir.2000).
Section 2255 permits a federal prisoner to bring a collateral challenge by moving the sentencing court to vacate, set
"A guilty plea, if induced by promises or threats which deprive it of the character of a voluntary act, is void. A conviction based upon such a plea is open to collateral attack." Machibroda v. United States, 368 U.S. 487, 493, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962). At the same time, plea bargaining retains its benefits of certainty and efficiency "only if dispositions by guilty plea are accorded a great measure of finality." Blackledge v. Allison, 431 U.S. 63, 71, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977); see id. ("To allow indiscriminate hearings in federal postconviction proceedings... for federal prisoners under 28 U.S.C. § 2255 ... would eliminate the chief virtues of the plea system — speed, economy, and finality."). While § 2255 exists "to safeguard a person's freedom from detention in violation of constitutional guarantees," the Court observed that "[m]ore often than not a prisoner has everything to gain and nothing to lose from filing a collateral attack upon his guilty plea." Id. at 71-72, 97 S.Ct. 1621. As a result, "the representations of the defendant, his lawyer, and the prosecutor at [a plea] hearing, as well as any findings made by the judge accepting the plea, constitute a formidable barrier in any subsequent collateral proceedings." Id. at 73-74, 97 S.Ct. 1621; see id. at 80 n. 19, 97 S.Ct. 1621 (explaining that if the record reflects the procedures of plea negotiation and includes a verbatim transcript of the plea colloquy, a petitioner challenging his plea will be entitled to an evidentiary hearing "only in the most extraordinary circumstances"). "The subsequent presentation of conclusory allegations unsupported by specifics is subject to summary dismissal, as are contentions that in the face of the record are wholly incredible." Id. at 74, 97 S.Ct. 1621.
The district court did not abuse its considerable discretion in declining to hold a § 2255(b) evidentiary hearing because Winthrop-Redin's involuntary plea claim is based only on conclusory and incredible allegations. We say so for a number of reasons. For starters, the record contains powerful evidence from Winthrop-Redin himself indicating that his guilty plea was knowing and voluntary.
In the second place, Winthrop-Redin waited more than two years after he pled guilty, and only after all other avenues for relief from his sentence were exhausted, to say anything to the district court about alleged threats. Then, to counter his "directly inconsistent former testimony," Winthrop-Redin "tendered only his own affidavit." Bryan v. United States, 492 F.2d 775, 779-80 (5th Cir.1974) (en banc). The former Fifth Circuit noted in dicta that "the allegations of [a § 2255] petitioner accompanied by his own affidavit are insufficient to mandate an evidentiary hearing in the face of a Rule 11 record detailing statements by the petitioner that his plea was not induced by any threats or coercion." Matthews v. United States, 533 F.2d 900, 902 (5th Cir.1976). While this clear-cut principle does not bind our decision because, in prior precedent, the Fifth Circuit explained that under § 2255(b) "[n]o per se rule can be applied, for in the final analysis, the issue becomes one of fact," it does inform our analysis. Bryan, 492 F.2d at 778; see United States v. Vega-Castillo, 540 F.3d 1235, 1236 (11th Cir.2008) (per curiam) ("Under the prior precedent rule, we are bound to follow a prior binding precedent `unless and until it is overruled by this court en banc or by the Supreme Court.'" (quoting United States v. Brown, 342 F.3d 1245, 1246 (11th Cir.2003))). The fact that Winthrop-Redin presented only his own affidavit bears on whether the record conclusively shows he is entitled to no relief. See Bryan, 492 F.2d at 780 (warning against a system where "the number of hearings which a wilful affiant could provoke as to a single conviction would be limitless, for each time he could swear that someone at the last preceding hearing suborned false testimony from him"). In addition, we observe that Winthrop-Redin nowhere alleged what evidence he intended to adduce at an evidentiary hearing. The district court is entitled to discredit a defendant's newly-minted story about being threatened when that story is supported only by the defendant's conclusory statements.
Moreover, Winthrop-Redin did not put forward "specific and detailed factual assertions" that, if true, would entitle him to relief. Id. at 779. Winthrop-Redin's affidavit states that Hernandez-Soto ordered the killing of a crew member and threatened Winthrop-Redin not to say anything about the murder. But Winthrop-Redin was charged with, and pled guilty to, conspiracy to possess cocaine with the intent to distribute, not murder. Winthrop-Redin's allegations in no way connect the threats concerning disclosure of the killing with the decision to plead guilty, which occurred substantially later in time. As a
Besides the threats tied to the crew member killing, Winthrop-Redin puts forward no specific facts in support of his conclusory claim that he "was intimidated and coerced into pleading guilty by codefendants in my case who threatened to kill me and my family members." Notably, he does not offer how Hernandez-Soto conveyed threats urging him to plead guilty, when, where, or how often they were made, or even why Hernandez-Soto wanted him to plead. He argues nevertheless that his allegations are sufficiently specific for a hearing because they include "(1) the naming, or description, of persons involved; (2) an account of the relevant acts or conduct of such persons; (3) an account of the time and place where such acts or conduct took place; and (4) a statement of how such acts or conduct prejudiced the petitioner." Diamond v. United States, 432 F.2d 35, 40 (9th Cir.1970). But Winthrop-Redin flunks his own test. He offers no account of the time, place, or acts involved in the threats he says pressured him into a guilty plea. Alone, the conclusory assertion that he pled guilty because of death threats from Hernandez-Soto is not enough to warrant a § 2255 hearing in the face of this full record, including Winthrop-Redin's prior testimony that he pled guilty knowingly and voluntarily.
Winthrop-Redin also alleges in his affidavit that he told his attorney that he wanted to tell the district court about the threats from Hernandez-Soto, but that "counsel misadvised [him] not to say anything about it to the judge, the prosecutor, or anyone else and that is was better to keep it that way or things would get much more complicated in the case." On appeal, Winthrop-Redin argues that he is entitled to an evidentiary hearing on his claim that counsel was ineffective for advising him not to tell the district court about the
"During plea negotiations defendants are `entitled to the effective assistance of counsel.'" Lafler v. Cooper, ___ U.S. ___, 132 S.Ct. 1376, 1384, 182 L.Ed.2d 398 (2012) (quoting McMann v. Richardson, 397 U.S. 759, 771, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970)). To establish ineffective assistance, a defendant must show deficient performance and prejudice. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). On the first prong, "counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment." Id. at 690, 104 S.Ct. 2052. To establish prejudice, a defendant must show "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S.Ct. 2052. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." Id. Where, as here, the petitioner challenges his guilty plea based on his counsel's alleged deficient performance, he can show prejudice only if "there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985).
Winthrop-Redin is not entitled to a § 2255(b) evidentiary hearing because he does not specifically allege that he told his attorney he had been threatened with death unless he pled guilty. Instead, as he explained in his district court Memorandum of Law, Winthrop-Redin claimed that he told his attorney "the details of how Hernandez-Soto ha[d] killed the Colombian crew member in the vessel and that he had threatened to kill movant and his family if he did not keep his mouth shot [sic]." Even if this allegation were true, Winthrop-Redin would not be entitled to relief. We cannot say that counsel would have exceeded the bounds of reasonable professional judgment by advising a client not to tell the judge about a separate incident unconnected to the client's decision to plead guilty. Moreover, as the government points out, counsel's alleged advice might even have protected his client's interests. If the district court considered murder of the crew member to be reasonably foreseeable relevant conduct, the court could have increased Winthrop-Redin's sentencing level under the Guidelines. See U.S. Sentencing Guidelines Manual §§ 2A1.1(a), 2D1.1(d)(1) (2009). Nor did Winthrop-Redin allege prejudice sufficient to warrant a hearing because he did not claim in his § 2255 motion or his supporting affidavit that his decision to plead guilty was affected by his attorney's advice not to tell the judge about threats related to the crew member's murder.
Finally, Winthrop-Redin claims that his counsel was deficient for failing to contact the Consulates of Panama and Colombia to inform them of the crew member's murder and to obtain legal assistance. But Winthrop-Redin does not say what help, if any, the Consulates could