United States First Circuit

Grant of a new trial upon a finding of ineffective assistance of counsel is vacated and remanded where defense counsel engaged in minimal performance such that defendant was required to demonstrate actual prejudice rather than presumed prejudice.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• HOWARD, Circuit Judge., Before SELYA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul G. Levenson, Assistant United States Attorney with whom Michael J. Sullivan, United States Attorney and Adam J. Bookbinder, were on brief, for United States.


• For Appellees:
  
• Raymond E. Gillespie, for defendant.