United States First Circuit

Following a conviction for unlawfully possessing firearms, district court's denial of defendant's section 2255 petition, largely based on various claims of ineffective assistance of counsel, and denial of his second motion to amend, are affirmed where: 1) the district court did not commit error in its reasons as to why Strickland prejudice was not shown, especially given the government's very strong evidence of guilt; 2) there was no abuse of discretion in denying defendant's additional ineffective assistance of counsel claims as untimely; and 3) defendant's second motion to amend did not raise the independent Johnson v. U.S. theory and the claim is forfeited.

Appellate Information

• Decided 11/13/2012
• Published 11/13/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel