United States Fourth Circuit

In habeas proceeding under 28 U.S.C. section 2255 challenging guilty plea to unlawful possession of a firearm, denial of section 2255 motion is reversed and the conviction is vacated where: 1) defendant's counsel provided ineffective assistance of counsel, and but for that assistance, defendant would not have pleaded guilty; and 2) if defendant were able to present the same facts at trial, the trial court would be required to submit a justification defense to the jury and the jury would likely consider it favorably.

Appellate Information

• Decided 08/06/2007
• Published 08/06/2007

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Meghan Mary Poirier, Third-Year Law Student, Wake Forest University, School of Law, Winston-Salem, North Carolina, for Appellant.   Miller A. Bushong, III, Assistant United States Attorney, Office Of The United States Attorney, Beckley, West Virginia, for Appellee.   ON BRIEF:  John J. Korzen, Wake Forest University, School of Law, Winston-Salem, North Carolina, for Appellant.  Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.