United States Tenth Circuit

In a cocaine base distribution prosecution, the denial of petitioner's 28 U.S.C. section 2255 motion to vacate, correct, or set aside his sentence is reversed where: 1) counsel's failure to understand the basic mechanics of the sentencing guidelines and, in particular, his failure to advise petitioner regarding the impact of relevant conduct on his potential sentence prior to meeting with the probation officer, amounted to constitutionally deficient performance under Strickland; and 2) petitioner was prejudiced as a result of the above failures because the facts he conceded at his presentence interview disqualified him from obtaining a two-level reduction pursuant to the 2007 Crack Cocaine Amendments.

Appellate Information

• Decided 09/30/2010
• Published 09/30/2010

Judges

• Stephanie K. Seymour

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Henry E. Marines, Jared S. Maag