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United States Third Circuit


US v. Bui, 11-3795

Order denying defendant’s petition seeking habeas relief is vacated, the petition granted, and the case remanded for further proceedings where: 1) the record clearly indicates that defendant’s counsel provided him with incorrect advice regarding the availability of a sentencing reduction, pursuant to 18 U.S.C. section 3553(f); and 2) counsel filed the section 3553(f) motion without researching its application until immediately before the sentencing hearing, which revealed that section 3553(f) does not apply to defendant’s section 860 conviction, and the lack of familiarity with precedent and the erroneous advice based on that lack of familiarity demonstrate that counsel’s performance fell below prevailing professional standards.

Appellate Information

  • Decided 10/20/2014
  • Published 10/20/2014

Judges

  • Greenaway

Court

  • United States Third Circuit

Counsel

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