United States Second Circuit

The district court's order denying petitioner's habeas corpus motion to vacate his judgment or sentence on the ground of ineffective assistance of counsel in connection with his plea of guilty and sentencing, is vacated and matter is remanded for resentencing, where: 1) in light of defendant's failure to develop an appropriate record in support of his claim that his attorney rendered substandard performance with respect to the plea of guilty, defendant is not entitled to withdraw his plea; 2) defendant's attorney's performance was deficient with regard to sentencing; but 3) the district court erred in concluding that there was no prejudice as a result of the attorney's deficient performance with regard to sentencing; and thus, 4) defendant is entitled to be resentenced.

Appellate Information

• Decided 07/10/2013
• Published 07/10/2013

Judges

• KEARSE

Court

• United States Second Circuit

Counsel