United States Third Circuit
US v. SMACK, 02-2620
Sentence is remanded where defendant showed that counsel's representation fell below an objective level of reasonableness and where the court must hear evidence on whether there is a probability that effective assistance of counsel would have entitled defendant to a shorter sentence.
Appellate Information
- Decided 10/24/2003
- Published 10/24/2003
Judges
- Before SCIRICA, Chief Judge, BECKER and GREENBERG, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, Supervising Appellate Attorney, Jonathan D. Libby, Research & Writing Specialist, Robert Epstein, (Argued), Assistant Federal Defender, Federal Court Division, Defender Association of Philadelphia, Philadelphia, for Appellant.
- For Appellees:
- Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Gregory A. Paw, (Argued), Assistant United States Attorney, Eastern District of Pennsylvania, Philadelphia, for Appellee.