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Tag Archives: ineffective assistance of counsel

Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel

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 ...

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Criminal Law: Bank Fraud-Within-Guidelines Sentence-Ineffective Assistance of Counsel

Defendant pleaded guilty to bank fraud and the district court sentenced him to a within-guidelines sentence. On appeal, defendant argued that his sentence was substantively unreasonable and that he received ineffective assistance of counsel. Where the district court adequately considered ...

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Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis

Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual basis for defendant’s plea to the money-laundering charge, the district ...

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Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Explain Immigration Consequences

Defendant pleaded guilty to unlawfully using identification documents. At defendant’s plea hearing, the district court confirmed that defendant understood he would likely be deported after serving his sentence and that his attorney had explained the same to him. On appeal, ...

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Criminal Law: Possession with Intent to Distribute-Substantive Reasonableness of Sentence-Ineffective Assistance of Counsel

Defendant appealed from the sentence imposed after he pleaded guilty to possession of methamphetamine with intent to distribute. On appeal, defendant argued that his sentence was substantively unreasonable and that former counsel was ineffective for failing to negotiate a more ...

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Criminal Law: Conspiracy to Distribute Cocaine-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed his conviction for conspiracy to distribute cocaine, challenging the sufficiency of evidence and alleging ineffective assistance of trial counsel. Where evidence at trial supported finding that defendant had been purchasing cocaine in conjunction with an accomplice from multiple ...

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Criminal Law: Sexually Violent Predator-Civil Commitment-Ineffective Assistance of Counsel

Defendant appealed his civil commitment to the Department of Mental Health as a sexually violent predator. Defendant argued that he received ineffective assistance of counsel because his attorney failed to file an answer and object to the state’s “end-of-confinement report” ...

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Criminal Law: Possession with Intent to Distribute-Ability of Sentence to Support Related Conviction-Ineffective Assistance of Counsel

Defendant pleaded guilty to possession of marijuana with intent to distribute and to weapons offenses. In his plea agreement, defendant waived his right to appeal his convictions but not the sentence imposed by the district court. On appeal, defendant whether ...

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