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Tag Archives: ineffective assistance of counsel

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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Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

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Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

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