United States First Circuit

Sentence and conviction of illegally possessing a firearm after he had been previously convicted of a crime punishable by imprisonment for a term of more than one year, 18 U.S.C. sections 922(g)(1) and 924(a)(2), are: 1) affirmed as to the conviction where there was no Strickland violation; but 2) vacated as to the sentence and remanded to the district court so that it can conduct an evidentiary hearing and make a determination on whether trial defense counsel provided ineffective assistance in advising defendant on his ACCA exposure and whether, in light of that determination, the sentence previously chosen should be re-affirmed or changed.

Appellate Information

• Published 2016/03/03

Judges

• KAYATTA

Court

• United States First Circuit

Counsel