INEFFECTIVE ASSISTANCE – Post-Conviction Relief; Assistance of Counsel; Sentencing Error 

Posted: 1:00 am Mon, March 15, 2010
By admin

Even though an attorney was ineffective for failing to urge a minor role adjustment at defendant’s sentencing, the District Court’s grant of a new trial is reversed and remanded because the attorney was not asked at the Section 2255 hearing many questions crucial to show deficient performance at trial and the defendant did not show prejudice under the rigorous Strickland standard. Judgment is reversed and remanded.