United States First Circuit

For purposes of U.S.S.G. section 2K2.1 as it stood when appellant was sentenced, prior convictions should count only if they occurred before the federal crime itself (not merely prior to sentencing); counsel's failure to object to use of a particular base offense level did not amount to ineffective assistance.

Appellate Information

• Decided 05/13/2002
• Published 05/13/2002

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert J. Bray for petitioner., Randall J. Cofske on Motion for Emergency Hearing pro se.


• For Appellees:
  
• Donald L. Cabell, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for respondent.