United States Third Circuit

Denial of a petition for writ of habeas corpus is reversed where the defense counsel's failure to object to an improper sentence enhancement constituted ineffective assistance of counsel, and the resulting increase in defendant's sentence amounted to prejudice.

Appellate Information

• Argued 07/11/2007
• Decided 09/12/2007
• Published 09/12/2007

Judges

• Before:  RENDELL, AMBRO, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gerald C. Peterson, Esq., Brian J. Wanamaker, Esq. (Argued), Winston & Strawn, Chicago, IL, for Appellant.


• For Appellees:
  
• Theodore B. Smith, III, Esq. (Argued), James T. Clancy, Esq., Office of the United States Attorney, Harrisburg, PA, for Appellee.