United States Third Circuit

Denial of defendant's 28 U.S.C. section 2255 motion to vacate, set aside or correct his sentence, based on ineffective assistance of trial and appellate counsel when they failed to challenge a deficient jury instruction and to challenge the sufficiency of the evidence on one of his counts of conviction, is vacated and remanded with instructions to dismiss the motion where defendant has not satisfied a threshold requirement of section 2255.

Appellate Information

• Decided 09/15/2015
• Published 09/15/2015

Judges

• JORDAN

Court

• United States Third Circuit

Counsel