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Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel
Staff Report//August 5, 2019//
Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel
Staff Report//August 5, 2019//
Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable.
Where clams of ineffective assistance of counsel were not cognizable on direct appeal and where a below-guidelines range sentence was presumptively not substantively unreasonable, the court affirmed defendant’s judgment of sentence.
Judgment is affirmed.
U.S. v. Carbajal-Galvan (MLW No. 73663/Case No. 19-1109 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Phillips, J.
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