Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Sentencing – Effectiveness Of Counsel – Unsettled Law

Criminal Law: Sentencing – Effectiveness Of Counsel – Unsettled Law

Where a defendant argued that his attorney’s failure to object to consecutive terms of imprisonment at sentencing constituted ineffective assistance of counsel, despite a circuit split on whether a single underlying drug offense can support multiple convictions for use of a firearm in furtherance of a drug offense, the attorney acted with the range of professional competence when he chose not to object to the district court’s correct application of settled law within the circuit.

Judgment is affirmed.

Hamberg v. U.S. (MLW No. 63500/Case No. 11-1415 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Neil Fulton, Pierre, South Dakota, argued for appellant) (Timothy Q. Purdon, Fargo, North Dakota, argued for appellee).

Read the full text of this opinion. (PDF)