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Criminal Law : Sentencing – Enhancement – Prior Convictions
Stephanie Maniscalco//April 25, 2016//
Listen to this articleWhere a defendant filed a petition for a writ of habeas corpus claiming that his counsel had rendered ineffective assistance by failing to object to the application of the career-offender enhancement, and arguing that his prior conviction in Iowa for domestic-abuse assault did not qualify as a crime of violence, the attorney’s performance at sentencing was objectively reasonable due to the absence of clearly controlling precedent.
Judgment is affirmed.
Kelly v. U.S. (MLW No. 69027/Case No. 15-1914 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Southern District of Iowa, Longstaff, J. (Gary Dean Dickey Jr., Des Moines, Iowa, argued for appellant) (Mary Clare Luxa, Des Moines, Iowa, argued for appellee).
Read the full text of this opinion. (PDF)
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