United States Fourth Circuit

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US v. Tucker, 08-6964

In a federal inmate's 28 U.S.C. section 2255 motion claiming that his counsel provided ineffective assistance, district court's denial is reversed and remanded where: 1) defendant's counsel's failure to object to the use of defendant's conviction, for the misdemeanor offense of common law assault and battery, as a predicate violent felony conviction was objectively unreasonable; and 2) counsel's failure to object prejudiced defendant.

Appellate Information

  • Argued 03/23/2010
  • Decided 04/30/2010
  • Published 04/30/2010

Judges

  • Before NIEMEYER and SHEDD, Circuit Judges, and JAMES A. BEATY, JR ., Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:Dean Razavi, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. William Jacob Watkins, Jr ., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF:Neal L. Walters, Ellen Valentine, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Kevin F. McDonald, Acting United States Attorney, Columbia, South Carolina, for Appellee.