United States Second Circuit

District court's grant of defendant's motion to vacate his sentence due to ineffective assistance of counsel is reversed where the district court's holding is contrary to this court's previous ruling on direct appeal that any error in counsel's advice to his client resulted from defendant's own dishonesty in dealing with his attorney rather than from ineffective assistance.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• PER CURIAM:, Before WESLEY, HALL, Circuit Judges, and OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jo Ann M. Navickas, (David C. James, on the brief), Assistant United States Attorneys, for Benton J. Campbell, United States Attorney for the Eastern District of New York, New York, NY, for Respondent-Appellant., John J.E. Markham, II, Boston, MA, for Defendant-Appellee.