8 results for 'cat:"Drug Offender" AND cat:"Ineffective Assistance" AND cat:"Sentencing"'.
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: drug Offender, ineffective Assistance, sentencing
J. Rovner finds that the lower court properly rejected defendant's habeas petition alleging ineffective assistance of counsel. Defendant has proven that his counsel was ineffective for failing to consult a toxicologist, who would have revealed that the government could not prove that the heroin defendant supplied was the cause of the drug user's death. However, defendant was not prejudiced by this failure because he would have faced a mandatory life term based on his prior felony drug conviction and the fact that two individuals suffered serious bodily injuries when they overdosed on heroin that he supplied. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 26, 2024, Case #: 22-2666, Categories: drug Offender, ineffective Assistance, sentencing
J. Greenholtz finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of heroin with intent to sell or deliver, with the length and manner of service to be determined by the court. Defendant received an 18-year sentence, and requested placement in a drug court program followed by community corrections, which the trial court considered; but when defendant was taken into custody, he was found to have heroin and opiates on his person and received new charges. Because of the new charges, defendant was no longer eligible for the drug court program and the trial court ordered him to serve his 18-year sentence. Defendant claims trial counsel was ineffective because he did not seek a competency evaluation due to mental illness, did not seek a continuance for his sentencing hearing, and alleges counsel knew he was not on his mental health medications and was using heroin at the time of the sentencing hearing. The post-conviction court found credibility in counsel’s testimony, and the instant court finds no deficiency in defendant’s representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: February 6, 2024, Case #: M2023-00048-CCA-R3-PC, Categories: drug Offender, ineffective Assistance, sentencing
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: drug Offender, ineffective Assistance, sentencing
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J. Brennan finds that the lower court improperly denied defendant's post-conviction motion alleging ineffective assistance of counsel based on his attorney's failure to challenge defendant's designation as a career offender. Due to the ambiguity of the jury instructions, it is not clear without a doubt that the jury convicted defendant of a controlled substance offense, so his conviction is not a predicate offense. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: August 7, 2023, Case #: 20-1725, Categories: drug Offender, ineffective Assistance, sentencing
J. Scudder finds that the district court improperly denied defendant's motion for a new trial on drug and gun charges without holding an evidentiary hearing. Defendant's trial counsel was addicted to heroin before, during and after the trial. The district court decided without a hearing that the effects of trial counsel's addiction on defendant's trial did not need further exploration in a hearing, but "way too much is at stake to forgo that modest step." Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1195, Categories: drug Offender, ineffective Assistance, sentencing