United States First Circuit

In a prosecution of defendant for drug related crimes, district court's denial of defendant's motion for a new trial is affirmed where: 1) this is not a case in which defense counsel's performance was "tantamount to non-representation" entitling defendant to Cronic's presumed prejudice standard; and 2) defendant cannot show a probability that, but for counsel's chosen strategy, the result of the proceeding would have been different.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• LIPEZ, Circuit Judge., Before Boudin, Stahl and Lipez, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sven D. Wiberg, with whom Wiberg Law Office, PLLC was on brief, for appellant.


• For Appellees:
  
• Seth R. Aframe, Assistant United States Attorney, with whom Michael J. Gunnison, Acting United States Attorney, and Aixa Maldonado-Quiñones, Assistant United States Attorney, were on brief, for appellee.